Ramos v. State

On Appeal from the 155th District Court Waller County, Texas Trial Court Cause No. 95-12-8371 A jury found appellant, Gilbert Ramos, Jr., guilty of indecency with a child and assessed punishment at three and one-half years confinement and a $10,000 fine. We affirm. Appellant was charged with (1) aggravated sexual assault and (2) indecency with a child. Count I of the indictment alleged that appellant (a) intentionally and knowingly caused the penetration of the female sexual organ of complainant, (b) the penetration was by appellant's finger, and (c) complainant was a child who was then younger than 14 years of age. See Tex. Penal Code Ann. § 22.021(a)(1)(B)(i), 2(B) (Vernon 1994). Count II of the indictment alleged that appellant (a) intentionally and knowingly engaged in sexual contact with complainant by touching her anus, genitals and breast, (b) the contact was made with the intent to arouse and gratify the sexual desire of appellant, and (c) complainant was a child younger than 17 years of age. See Tex. Penal Code Ann. § 22.011(a)(1) (Vernon 1994). The jury charge included both offenses.