Opinion
NO. 02-11-00253-CR
03-02-2017
JOE DALE JOHNSON APPELLANT v. THE STATE OF TEXAS STATE
FROM THE 89TH DISTRICT COURT OF WICHITA COUNTY
TRIAL COURT NO. 48,790-C DISSENTING MEMORANDUM OPINION ON REMAND
See Tex. R. App. P. 47.4.
I respectfully dissent from the en banc majority's opinion and judgment reversing appellant's convictions of two counts of aggravated sexual assault of a child. I acknowledge that the majority of the court of criminal appeals held that the trial court abused its discretion by limiting appellant's cross-examination of H.H., the complainant. Johnson v. State, 490 S.W.3d 895, 915 (Tex. Crim. App. 2016). Nonetheless, for the reasons explained in this court's prior en banc majority opinion and in the dissenting opinion in the court of criminal appeals, I remain convinced that the trial court did not abuse its broad discretion by limiting the cross-examination. See id. at 915-18 (Keasler, J., dissenting); Johnson v. State, 449 S.W.3d 240, 245-47 (Tex. App.—Fort Worth 2014) (en banc op. on reh'g), rev'd, 490 S.W.3d at 915. Because in my view the trial court did not err by limiting the cross-examination, appellant's convictions should not be reversed. See Tex. R. App. P. 44.2(a).
/s/ Terrie Livingston
TERRIE LIVINGSTON
CHIEF JUSTICE MEIER, J., joins. DO NOT PUBLISH
Tex. R. App. P. 47.2(b) DELIVERED: March 2, 2017