Sergio Neville Viera a/k/a Sergio N. Viera v. The State of Texas--Appeal from 372nd District Court of Tarrant County

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State: Texas

Court: Texas Northern District Court

Docket No: 02-02-00514-CR

Case Date: 06/03/2004

Plaintiff: CITY OF HARLINGEN

Defendant: EDDIE ALVAREZ--Appeal from 357th District Court of Cameron County

Preview:Sergio Neville Viera a/k/a Sergio N. Viera v. The State
of Texas--Appeal from 372nd District Court of Tarrant
County
/**/
COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-02-514-CR
SERGIO NEVILLE VIERA A/K/A APPELLANT
SERGIO N. VIERA
V.
THE STATE OF TEXAS STATE
FROM THE 372ND DISTRICT COURT OF TARRANT COUNTY
MEMORANDUM OPINION1
Sergio Neville Viera appeals his convictions for three counts of aggravated sexual assault against his stepdaughter. We
will affirm.
The parties are familiar with the facts of this case and the applicable law is well-settled.
In his sole point, appellant argues that the evidence is legally insufficient to support his convictions because the
evidence he presented of erectile dysfunction outweighs the victim s testimony of abuse. The victim s description of
the abuse included vaginal and anal penetration that occurred more than ten times per week over several years.
Appellant claims that he had only 45 to 75 percent erectile function and was, therefore, incapable of the abuse
described by the victim.
In reviewing the legal sufficiency of the evidence to support a conviction, we view all the evidence in the light most
favorable to the verdict in order to determine whether any rational trier of fact could have found the essential elements
of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319, 99 S. Ct. 2781, 2789 (1979); Burden
v. State, 55 S.W.3d 608, 612 (Tex. Crim. App. 2001). This standard gives full play to the responsibility of the trier of
fact to resolve conflicts in the testimony, to weigh the evidence, and to draw reasonable inferences from basic facts to
ultimate facts. Jackson, 443 U.S. at 319, 99 S. Ct. at 2789. When performing a legal sufficiency review, we may not sit
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as a thirteenth juror, re-evaluating the weight and credibility of the evidence and, thus, substituting our judgment for
that of the fact finder. Dewberry v. State, 4 S.W.3d 735, 740 (Tex. Crim. App. 1999), cert. denied, 529 U.S. 1131
(2000). A victim s uncorroborated testimony is sufficient to support a conviction for sexual assault. Tex. Code Crim.
Proc. Ann. art. 38.07 (Vernon Supp. 2004); see Garcia v. State, 563 S.W.2d 925, 928 (Tex. Crim. App. [Panel Op.]
1978) (victim s testimony is sufficient evidence of penetration).
The victim s description of the sexual assaults included the fact that appellant s penis was erect when he penetrated
her. She described his ejaculations with detail and explained that, when she was around twelve years old, appellant
began using condoms during sex with her. The jury, as trier of fact, was free to believe the victim s testimony over
appellant s. They had the opportunity to observe the witnesses and evaluate their credibility before weighing the
conflicting evidence. See Jackson, 443 U.S. at 319, 99 S. Ct. at 2789. We hold that a rational fact finder could have
found from the victim s testimony that appellant was guilty beyond a reasonable doubt of aggravated sexual assault of
a child. See Tex. Code Crim. Proc. Ann. art. 38.07; Garcia, 563 S.W.2d at 928. We overrule appellant s point.
The trial court s judgment is affirmed.
JOHN CAYCE
CHIEF JUSTICE
PANEL A: CAYCE, C.J.; GARDNER and MCCOY, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: June 3, 2004
NOTES
1. See Tex. R. App. P. 47.4.
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