JOE DALE JOHNSON APPELLANT v. THE STATE OF TEXAS STATE (2017)

DISSENTING MEMORANDUM OPINION 1 ON REMAND

I respectfully dissent from the en banc majority's opinion and judgment reversing appellant's convictions of two counts of aggravated sexual assault of a child. I acknowledge that the majority of the court of criminal appeals held that the trial court abused its discretion by limiting appellant's cross-examination of H.H., the complainant. Johnson v. State, 490 S.W.3d 895, 915 (Tex. Crim. App. 2016). Nonetheless, for the reasons explained in this court's prior en banc majority opinion and in the dissenting opinion in the court of criminal appeals, I remain convinced that the trial court did not abuse its broad discretion by limiting the cross-examination. See id. at 915–18 (Keasler, J., dissenting); Johnson v. State, 449 S.W.3d 240, 245–47 (Tex. App.—Fort Worth 2014) (en banc op. on reh'g), rev'd, 490 S.W.3d at 915. Because in my view the trial court did not err by limiting the cross-examination, appellant's convictions should not be reversed. See Tex. R. App. P. 44.2(a).

FOOTNOTES

1.   See Tex. R. App. P. 47.4.

TERRIE LIVINGSTON CHIEF JUSTICE

MEIER, J., joins.