Opinion
No. 05-10-00002-CR
Opinion Filed August 8, 2011. DO NOT PUBLISH. Tex. R. App. P. 47
On Appeal from the 366th Judicial District Court Collin County, Texas, Trial Court Cause No. 366-81936-09.
Before Justices BRIDGES, LANG-MIERS, and MURPHY.
OPINION
A jury found appellant Reggie Orlando Williams guilty of one count of aggravated sexual assault of a child, two counts of sexual assault of a child, and two counts of indecency with a child. After appellant pleaded true to an enhancement paragraph alleging a prior felony conviction, the jury assessed punishment at 80 years in prison and a $10,000 fine for the count of aggravated sexual assault of a child and one count of sexual assault of a child, and 50 years in prison and a $5,000 fine for one count of sexual assault of a child and each count of indecency with a child. The sentences run concurrently. On appeal appellant argues that the evidence is legally insufficient to sustain his conviction for the two counts of indecency with a child because of a variance between the date alleged in the indictment and the date proven at trial. We affirm.
Background
The Indictment In appellant's indictment the two counts of indecency with a child alleged, in relevant part, that "on or about" September 15, 2005, appellant touched the complainant's genitals with his hand (Count II) and caused the complainant's hand to touch appellant's genitals (Count III).The Complainant's Testimony
The complainant, J.S., was 15 years old at the time of her testimony in appellant's trial in September 2009. Appellant is J.S.'s "stepdad." J.S. testified about multiple instances of sexual abuse by appellant that started when J.S. was five or six. Pertinent to this appeal, J.S. testified that appellant touched J.S.'s vagina, and forced her to touch his penis, in October 2007:Q. . . . When-do you remember a time when you were ever wearing a skirt?
A. Yes.
Q. Tell me about that time.
A. That was a couple of days before I was wearing the shorts on [October] 17th or whatever. And I had just got out of the shower, and I didn't want to just walk around the house in anything. So I hurried up and put on a skirt and went in my room, and when I went in my room, he was sitting on my bed.
Q. And what was he doing on your bed?
A. Just sitting there rubbing his penis.
. . .
Q. Okay. On that day, tell me what happened after you walked in and you saw him with his hand on his penis.
A. I had told him I was on my period, and he was like, "Whatever, you're lying." And I was like, "I'm not." And then he put his hands down and could actually see for himself that I was on my period, and then he made me jack him off or whatever.
. . .
Q. Okay. So did-when he put his hands to check-
A. Yes.
Q. -to see if you were on your period, where-where did his hand touch?
A. Just around the hole.
Q. Around the hole?
A. Yes.
Q. Okay. Around the hole of what?
A. My vagina.
Q. Okay. So it is past like the lips?
A. Yes.