Court of Appeals of Texas, Fourth District, San Antonio
the 399th Judicial District Court, Bexar County, Texas Trial
Court No. 2012CR7747A Honorable Ray Olivarri, Judge
Sitting: Patricia O. Alvarez, Justice, Luz Elena D. Chapa,
Justice Irene Rios, Justice.
PATRICIA O. ALVAREZ, JUSTICE.
John Beltran was charged with five counts of sexual assault
of a child. The jury found Beltran guilty on all charges and
assessed punishment at six years' confinement in the
Institutional Division of the Texas Department of Criminal
Justice. On appeal, Beltran raises three issues: (1) the
trial court's incorrect limiting instruction regarding
extraneous offense testimony was reversible error, (2) the
evidence was insufficient to support the convictions for
multiple counts of sexual assault as alleged in the
indictment, and (3) Beltran's Sixth Amendment right to
confront and cross-examine the witnesses against him was
violated when the trial court limited cross-examination of
S.O. about theft cases that would have exposed her bias and
motive to testify. We affirm the trial court's judgment.
and Procedural Background
our inquiry is highly fact-intensive, we set forth a rather
detailed account of the evidence presented during the trial.
Sergeant Daniel Gonzales
October 12, 2011, San Antonio Police Department Sergeant
Daniel Gonzales responded to a call at a fast-food restaurant
in San Antonio, Bexar County, Texas. The sheriff's office
dispatch reported a young female was trying to "get away
from her mother who was chasing her in another vehicle."
Sergeant Gonzales approached S.O. who reported "she was
trying to get away from her mother because her mother for the
last couple of years had been basically prostituting her out
to her mother's drug dealer in exchange for drugs."
The dispatch officer notified Sergeant Gonzales that S.O. had
an active warrant for theft charges; both S.O. and her mother
were transported to the police department for further
Detective Edward Sandoval
led Detective Edward Sandoval, with the San Antonio Police
Department Special Victims Unit, to the specific location and
identified the house "where she said the incident
happened." Detective Sandoval also prepared and
presented S.O. with a six-photograph line-up. Detective
Sandoval testified that S.O. originally said she recognized
the individual in picture number six. As the officer was
completing his paperwork, however, S.O. asked to view the
pictures again. Detective Sandoval explained, "She came
back and she pointed to Number 3 and said, 'That's
the one that my mom used to take me to, ' and then she
gave me the guy's name." S.O. further reported that
his name was "Johnny." Upon further questioning,
Detective Sandoval testified that S.O. said she
"recognized" the individual identified as Number 6,
but when she identified Number 3, "She said his name,
Johnny, and she said, That's the one my mother used to
take me to."
Detective Robert Valadez
Antonio Police Detective Robert Valadez was the lead officer
on the case. He explained that he did not send S.O. for a
sexual assault examination because medical evidence can only
be collected within three or four days of the assault. In
this case, S.O. reported the last sexual encounter was
approximately ninety-days prior to her outcry.
Sally, S.O.'s Mother
S.O.'s mother, acknowledged entering a plea of guilty to
one count of trafficking of a child, S.O., on November 1,
2009, and for two counts of compelling prostitution to
Beltran. Part of Sally's plea agreement was to testify
testified that her cocaine addiction began in 1995. In 2008
or 2009, fifteen-year-old S.O. moved in with her mother.
Sally further testified that she made an agreement with
Beltran for her (Sally) to take S.O. to Beltran's house
to have sexual intercourse with him in exchange for cocaine.
She further acknowledged taking S.O. to Beltran's house
two or three times a week; this number was called into
question during cross-examination. This agreement between
Sally and Beltran continued until S.O. turned eighteen and
moved out of her mother's house.
cross-examination, Sally acknowledged her drug use limited
her ability to remember much of what had transpired. She
wavered on exactly when S.O. moved back into her house or
when S.O. moved out. Sally acknowledged stealing clothes and
taking them to Beltran's home and also admitted stealing
camera batteries from a store and giving them to Beltran.
testified that Sally took her to Beltran's house, she
went to the door by herself, and knocked. S.O. then described
how Beltran sexually assaulted her. S.O. testified this
occurred several times between the ages of fifteen and
eighteen years. S.O. wavered on the exact number of times
Beltran assaulted her, but consistently testified that it
happened numerous times. S.O. acknowledged she was unable to
identify Beltran in the first ...