Ray Hightower v. State Texas

Opinion BOB DICKENSON, Justice These cases were tried together, and the punishments run concurrently. The jury found that Ray Hightower, Jr., was guilty of the offenses of aggravated kidnapping1 and indecency with a child,2 found that the two enhancement allegations were true,3 and assessed his punishment at confinement for life for each offense. Ray Hightower, Jr., appeals. We affirm both convictions. Appellant briefs five points of error.4 He argues that: (1) the trial court erred in admitting certain items of evidence which were seized under an allegedly invalid search warrant; (2) his Sixth Amendment right to confront the witness [under the Federal Constitution] was violated by the trial court's admission of the child victim's testimony pursuant to Section 3 of TEX. CODE CRIM. PRO. ANN. art. 38.071 (Vernon Supp. 1987); (3) his right to effective assistance of counsel and his right to confront the witness [under TEX. CONSTITUTION art. I, sec. 10] were denied by the trial court's refusal to allow him to be personally present with his attorney during cross-examination of the child; (4) the child's testimony was improperly admitted over objection because the ""mandatory predicate provisions"" of Section 3, Article 38.071, supra, were not followed; and (5) reversible error was committed in admitting testimony of the child's outcry to her mother under TEX. CODE CRIM. PRO. ANN. art. 38.072 (Vernon Supp. 1987). All points of error have been considered, and each is overruled.