Court of Appeals of Texas, Fourth District, San Antonio
the 175th Judicial District Court, Bexar County, Texas Trial
Court No. 2016CR1397 Honorable Catherine Torres-Stahl, Judge
Sitting: Karen Angelini, Justice Marialyn Barnard, Justice
Patricia O. Alvarez, Justice
Patricia O. Alvarez, Justice.
January 12, 2017, Appellant Ernest Villarreal was convicted
by a Bexar County jury of two counts of aggravated sexual
assault and five counts of indecency with a child. The trial
court subsequently assessed punishment at forty-years'
confinement in the Institutional Division of the Texas
Department of Criminal Justice and a fine in the amount of
$2, 000.00 on each count.
Procedural and Factual Background
of 2013, Villarreal moved in with his niece Jennifer, her
boyfriend Ernest, and her four children. Villarreal slept in
a bedroom with his niece's three daughters. Villarreal
slept on the bottom bunk, two of his nieces slept on the top
bunk, and one niece slept on the couch.
who was ten-years-old at the time, testified that on a few
occasions she fell asleep on the bottom bunk after watching a
movie. P.G. testified that, on three occasions, Villarreal
laid behind P.G. and pulled her waist towards him. He then
pulled down her pajama shorts and underwear, and touched
"her butt." P.G. further testified that Villarreal
touched her first on the outside and then inside her anus
with what "[a]t first, it felt like a finger. And then
it changed. . . . it felt bigger." Additionally, P.G.
described how after Villarreal was inside her anus, he would
"rub" on her by grabbing her legs towards him and
rub on her thighs while her pants and his pants were down.
P.G. stated that this, or something similar, occurred about
three times over the period of a few days.
the girl's bunkbed was moved to a different room, and
Villarreal was in his own room, P.G. broke down and told
Ernest "one night that [P.G. and Villarreal] were lying
in bed and [Villarreal] had pulled her panties down."
Ernest testified that he stopped P.G. because he "lost
[his] mind after that." Ernest took the children to his
mother's house, told his mom what P.G. said, and called
Jennifer, P.G.'s mother. Ernest asked Jennifer to come
home quickly "because something really bad happened to
appeal, both parties agree the alleged incidents occurred on
three different days. The jury was charged, and found
Villarreal guilty on each of the following counts:
Count I: Aggravated Sexual Assault of a Child
Count II: Aggravated Sexual Assault of a Child
Count III: Indecency with a Child by Sexual Contact
Count IV: Indecency with a Child by Sexual Contact
Count V: Indecency with a Child by Sexual Contact
Count VI: Indecency with a Child by Sexual ...