Young v. State

Appellant, Carroll Dwayne Young, was charged with aggravated sexual assault of a child. Tex. Penal Code Ann. § 22.021 (Vernon 2004). A jury found appellant guilty and assessed punishment at 75 years in prison and a $5,000 fine. This Court sustained appellants fourth point of error, reversed the judgment, and remanded the cause to the trial court. Young v. State, 73 S.W.3d 482 (Tex. App.---Houston [1st Dist.] 2002, pet. granted). The Court of Criminal Appeals granted the States petition for review and reversed this Courts judgment, overruling appellants fourth point of error. Young v. State, 137 S.W.3d 65, 72 (Tex. Crim. App. 2004). Pursuant to the Court of Criminal Appeals order, we now address appellants remaining complaints: (1) whether the trial court denied appellant due process by refusing his request for a competency examination; (2) whether the trial court erred by refusing to impanel a jury to determine competency; (3) whether the trial court denied appellant due process by denying his motion to recuse; (4) whether the trial court erred by refusing to allow appellant to present jurors as live witnesses at his motion-for-new-trial hearing; (5) whether the trial court deprived appellant of an adequate record on appeal by refusing to allow him to present jurors as live witnesses at the motion-for-new-trial hearing; and (6) whether the trial court erred by denying appellants motion for new trial. We affirm.