Patrick Lawrence Orarden v. State Texas

After a jury trial, Patrick Lawrence ORarden was convicted of aggravated sexual assault against Rachael, the minor daughter of a divorcee he had been dating. The jury sentenced ORarden to thirty years confinement. In our prior unpublished opinion, we held that the child victim was competent to testify but that the trial court erred by denying ORardens request to publish to the jury a video tape. Accordingly, we sustained ORardens eighth point of error and reversed the trial courts judgment. On the States motion for rehearing, we withdraw that portion of our prior opinion sustaining ORardens eighth point of error. We do not otherwise rule on this point, however, because we find alternatively that we must reverse the trial courts judgment and remand this case for a new trial based upon ORardens third and fourth points of error.