Beyer v. State, 070920 TXCA6, 06-19-00263-CR

Docket Nº:06-19-00263-CR
Opinion Judge:RALPH K. BURGESS JUSTICE
Party Name:DENNIS MARTIN BEYER, JR., Appellant v. THE STATE OF TEXAS, Appellee
Judge Panel:Before Morriss, C.J., Burgess and Stevens, JJ.
Case Date:July 09, 2020
Court:Court of Appeals of Texas
 
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DENNIS MARTIN BEYER, JR., Appellant

v.

THE STATE OF TEXAS, Appellee

No. 06-19-00263-CR

Court of Appeals of Texas, Sixth District, Texarkana

July 9, 2020

Do Not Publish

Date Submitted: July 2, 2020

On Appeal from the 6th District Court Lamar County, Texas Trial Court No. 28247

Before Morriss, C.J., Burgess and Stevens, JJ.

MEMORANDUM OPINION

RALPH K. BURGESS JUSTICE

A Lamar County jury found Dennis Martin Beyer, Jr., guilty of continuous sexual abuse of a young child and imposed a sentence of ninety-nine years' imprisonment. The jury also found Beyer guilty of sexual assault of a child and imposed a sentence of twenty years' imprisonment and a $10, 000.00 fine. On appeal, Beyer argues that the indictment failed to allege a mens rea for continuous sexual abuse of a child and that the trial court erred in reopening the evidence in the punishment phase of the trial after both parties had rested. We find (1) that Beyer failed to preserve his complaint about the indictment and (2) that the trial court did not abuse its discretion by reopening the evidence. As a result, we affirm the trial court's judgments.

I.

Beyer's Complaint About the Indictment Is Unpreserved

Section 21.02 of the Texas Penal Code states that a person commits the offense of continuous sexual abuse of a child if, (1) during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and

(2) at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is a child younger than 14 years of age, regardless of whether the actor knows the age of the victim at the time of the offense.

Tex. Penal Code Ann. § 21.02(b). This portion of the statute requires no additional mens rea because an "act of sexual abuse" under Section 21.02 "means any act that is a violation of one or more of the [listed] penal laws," including aggravated sexual assault of a child. Tex. Penal Code Ann. § 21.02(c). As a result, "Section 21.02 . . . is defined in terms of other acts that by their terms require a culpable mental state" and "need not prescribe some additional mental state because its actus reus is merely the repeated commission of acts already requiring culpable mental states." Lane v. State, 357 S.W.3d 770, 776 (Tex. App.-Houston [14th...

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