Thompson v. State

Full title: MICHAEL DEAN THOMPSON, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, First District, Houston

Date published: Feb 17, 2005

No. 01-03-01287-CR (Tex. App. Feb. 17, 2005)

Opinion

No. 01-03-01287-CR

Opinion issued February 17, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 23rd District Court, Brazoria County, Texas, Trial Court Cause No. 41581.

Panel consists of Justices NUCHIA, JENNINGS, and ALCALA.

MEMORANDUM OPINION

ELSA ALCALA, Justice.

Appellant, Michael Dean Thompson, pleaded not guilty to the charge of aggravated sexual assault of a child. A jury found appellant guilty and sentenced him to confinement in prison for life. In his sole point of error, appellant contends that the evidence is legally insufficient to support his conviction because the evidence fails to establish venue for the offense in Brazoria County, Texas. We affirm.

Venue

Under the Rules of Appellate Procedure, we must presume that venue was proved at trial unless it was disputed in the trial court or the record affirmatively demonstrates contrary venue. Tex.R.App.P. 44.2(c)(1).¹ Although appellant pleaded not guilty to the offense, venue was not a disputed issue in the trial court. See Holdridge v. State, 707 S.W.2d 18, 20 (Tex.Crim.App. 1986) (holding that plea of not guilty insufficient to raise issue of venue for purposes of avoiding appellate venue presumption in favor of venue). Unless the record affirmatively negates venue in Brazoria County, therefore, we must presume that venue was proven at trial. See id.; Tex.R.App.P. 44.2(c)(1). Appellant's sole challenge to venue concerns one question to the child regarding whether she initially believed that appellant's house was in the City of Pearland or in the City of Houston. Although the child acknowledged that she originally believed appellant's house was located in Houston rather than Pearland, she also testified that she was sexually assaulted in appellant's bedroom of the house that she identified in a photograph labeled as State's exhibit one. Moreover, appellant agreed and stipulated "that the home marked State's exhibit one is located wholly within incorporated city limits of Pearland, Brazoria County, Texas." We conclude that appellant has not shown that the record affirmatively negates venue in Brazoria County for the offense. We must presume, therefore, that venue was proven at trial. See id.; Tex.R.App.P. 44.2(c)(1). Accordingly, we overrule appellant's sole point of error.²

Conclusion

We affirm the judgment of the trial court.