Appeal from the 106th District Court Gaines County, Texas
Trial Court Cause No. 03-3319
consists of: Wright, C.J., Willson, J., and Bailey, J.
M. BAILEY, JUSTICE
2003,  the jury convicted Steven Dale Hawkins of
one count of aggravated sexual assault (Count One), three
counts of indecency with a child by contact (Counts Two,
Four, and Six), and three counts of indecency with a child by
exposure (Counts Three, Five, and Seven). The jury assessed
his punishment at confinement for seventy-five years in the
Institutional Division of the Texas Department of Criminal
Justice on the aggravated sexual assault conviction. On each
of the three convictions for indecency with a child by
contact, the jury assessed Appellant's punishment at
confinement for a term of twenty years. On each of the three
convictions for indecency with a child by exposure, the jury
assessed Appellant's punishment at confinement for ten
years. Furthermore, the trial court ordered that the
twenty-year sentences for Counts Four and Six are to run
consecutively to each other and consecutively to the
seventy-five year sentence for Count One.
three issues on appeal, Appellant contends that (1) the trial
court abused its discretion when it denied Appellant's
motion to suppress his statement, (2) Appellant's double
jeopardy rights were violated as a result of his convictions
on Counts Five and Seven, and (3) the evidence was legally
insufficient to support Appellant's convictions for
Counts Five and Seven. We affirm.
victim, K.M., is Appellant's niece by marriage. In
November 2001, when K.M. was ten years old, K.M.'s mother
abandoned her. K.M. and her two brothers moved in with their
aunt, Melissa Linzy. Appellant was Linzy's husband. Linzy
and Appellant had three children together. Between November
2001 and February 2003, Appellant, Linzy, K.M., K.M.'s
two brothers, and K.M.'s three cousins were all living
together in a three-bedroom mobile home in Seminole.
K.M. was eleven years old, Appellant began to abuse her. K.M.
described a series of incidents that occurred over the course
of a year. K.M. testified that Appellant came into her
bedroom while she was lying in bed. Appellant asked K.M. to
put his "private" in her mouth, and she did so.
K.M. testified that this happened "a lot of other
testified that, while she was sitting on the couch watching
cartoons, Appellant asked her to rub his feet. K.M. complied.
While K.M. was rubbing Appellant's feet, Appellant asked
K.M. to rub his "private." K.M. again complied.
testified that an incident took place in the laundry room.
Appellant put his "private" in K.M.'s mouth.
She also testified that Appellant "put his private in
[hers]." K.M. again stated that she saw Appellant's
"private" "a lot of times" and that
Appellant made her touch his "private" a lot.
K.M. testified that she was sitting on the couch playing
Nintendo when Appellant put K.M.'s hand on
Appellant's "private." Finally, K.M. testified
that she was sitting outside in the car with Appellant when
Appellant put his "private" in her mouth.
December 2002, K.M. approached Linzy and told her about the
abuse. Linzy told Appellant about K.M.'s outcry, and they
agreed to tell the police. One and one-half weeks later, on
January 2, 2003, Linzy took K.M. to the police department.
Linzy told Appellant that she and K.M. were going to talk to
the police. At the police department, Linzy told Officers Ted
Wadsek and Chad Hallum about K.M.'s outcry.
Wadsek and Hallum accompanied Linzy and K.M. back to their
residence. Officer Wadsek was in uniform and drove a marked
patrol car, and Officer Hallum was in plain clothes and drove
an unmarked patrol car. Officer Hallum followed Linzy into
the house, while Officer Wadsek remained outside with K.M.
inside the house, Officer Hallum asked Appellant to come to
the police department to talk to him. Appellant agreed.
Officer Hallum did not tell Appellant that he was under
arrest and did not place Appellant in handcuffs. At the
police department, Officer Hallum read Appellant the
Miranda warnings and asked Appellant if he would
like to "tell his side of the story." Appellant
waived his Miranda rights and gave a statement to
described three separate occasions where he sexually abused
K.M. First, Appellant stated that, eight months prior to
giving his statement, he and K.M. were sitting on the couch
when Appellant asked K.M. to rub his feet. While K.M. was
rubbing Appellant's feet, Appellant asked K.M. to rub his
"stuff." K.M. complied with Appellant's
Appellant described an incident in the laundry room that
occurred a couple months later. Appellant stated that, over
the course of several days, he twice asked K.M. to suck his
penis, and K.M. told him ...