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Aviles v. State
Texas Court of Appeals
No. 04-13-00490-CR, 2014 WL 3339611 (2014)
- Written by Liz Nakamura, JD
Facts
The State of Texas charged Cirilo Aviles (defendant) with aggravated sexual assault of M.R., a minor under the age of 14, a strict-liability offense. At trial, Aviles requested a jury instruction on the defense of mistake of fact, arguing that he did not know M.R. was under the age of 14. The trial court denied Aviles’s request. The jury convicted Aviles, and he was sentenced to 14 years in prison. Aviles appealed, arguing that the trial court erred by failing to issue the requested jury instruction.
Rule of Law
Issue
Holding and Reasoning (Marion, J.)
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