Mark Anthony Aponte (Jail photo)
COPPERAS COVE (July 12, 2013)--The 10th Court of Appeals, in Waco has denied an appeal by a Copperas Cove man who was seeking to have his 2011 convictions for sexual assault of a child and indecency with a child overturned.
Mark Anthony Aponte, 42, was sentenced to two five-year terms, ordered to run concurrently, on the two sexual assault counts and three five year terms of probation to run concurrently on the indecency counts, but not to begin until his prison terms were discharged.
But then, in his order of sentencing, 52nd District Judge Trent Farrell suspended the prison terms and directed Aponte to begin his probation at once.
Aponte's appeal claimed the trial court abused its discretion by admitting extraneous evidence of pornography during the trial because it was prejudicial.
In its decision the appeals court said, "We find the probative value of the evidence was not substantially outweighed by the danger of unfair prejudice, and the trial court did not abuse its discretion in admitting (the evidence) against Aponte."
Aponte turned himself into Copperas Cove police on Oct. 21, 2009, after a then-15-year-old girl who told investigators she had been molested since she was 4 years old.
Aponte was indicted in January 2010.