In a recent case before a Texas court of appeals, the defendant asked the court to reconsider his guilty verdict for aggravated sexual assault of a child. Originally, the defendant was convicted of the first-degree felony and sentenced to forty-five years in prison. On appeal, the defendant argued that the court erroneously instructed the jury, making him more likely to receive a guilty verdict. The court denied the appeal, ultimately affirming the decision coming out of the lower court.
Facts of the Case
According to the opinion, the defendant was at first indicted for three different offenses: continuous sexual abuse of a child, aggravated sexual assault, and indecency with a child.
The defendant’s case went to trial. Before the jury made its decision, the judge gave jury members written instructions, as is common in any criminal case. In the instructions, the judge indicated that the jury should use “common sense” when making a decision about whether the defendant was guilty or not guilty. After deliberating, the jury delivered a verdict of guilty of both aggravated sexual assault and indecency with a child. Promptly, the defendant appealed.
The Decision
On appeal, the defendant argued that the jury instructions unnecessarily prejudiced him before the jury made their decision. According to the defendant, the judge essentially asked the jury to speculate instead of urging them to look objectively at the facts of the case. By inviting this degree of speculation, the court gave an erroneous instruction and made the jury more likely to find the defendant guilty. Thus, said the defendant, the verdict should be reversed.