Waco: Appeals court upholds man’s conviction for sexual abuse
A Waco appeals court has upheld a local man’s convictions for both continuous sexual abuse of a young child and indecency with a child by contact.
Guadalupe Roberto Munos was convicted of one count of continuous sexual abuse of a young child and one count of indecency with a child by contact in 54th District Court where a jury sentenced him to swerve 30 years in state prison, court records show.
His appellate attorney filed an appeal on three separate issues.
In the first two, Munos argued the evidence was insufficient to support his convictions on either indicted charge.
The third claimed a jury charge error.
Simply put, the judges strongly disagreed.
“Because the evidence was not insufficient to support his convictions on both counts and because potential error in the jury charge was improperly briefed, the trial court’s judgments are affirmed,” the court’s Memorandum Opinion states.
“Accordingly, the evidence is sufficient to support Munos’s conviction as to Count I, and Munos’s first issue is overruled,” the ruling reads.
“Accordingly, because we have rejected the only argument Munos asserts for why the evidence was insufficient to support the conviction for Count II, Munos’s second issue is overruled.”
Lastly, Munos asserts that the trial court erred by including an instruction in the jury dealing with his actual age at the time of the crime, but the judges determined that the state did not have to prove the exact date as alleged in the indictment and concluded: “Munos’s third issue is overruled.”