AFFIRM; and Opinion Filed July 15, 2019. In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00387-CR HECTOR MANUEL TOLEDO-ARGUETA, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-82111-2013 MEMORANDUM OPINION Before Justices Myers, Osborne, and Nowell Opinion by Justice Osborne Appellant was indicted for both continuous sexual abuse of a child under the age of fourteen and for aggravated sexual assault of a child under the age of fourteen.1 Appellant pled 1 The indictment alleged as follows: [D]uring a period that was 30 days or more in duration, committed two or more acts of sexual abuse against . . . (D.F.) . . ., said acts of sexual abuse having been violations of one or more of the following penal laws, including: aggravated sexual assault of a child, intentionally and knowingly cause the female sexual organ of . . . (D.F.) . . ., a child then younger than fourteen (14) years of age, and not the spouse of the defendant, to contact the male sexual organ of the defendant; AND/OR aggravated sexual assault of a child, intentionally and knowingly cause the female sexual organ of . . . (D.F.) . . ., a child then younger than fourteen (14) years of age, and not the spouse of the defendant, to contact the mouth of the defendant; and each of the aforementioned acts of sexual abuse were committed on more than one occasion and, at the time of the commission of each of the acts of sexual abuse, the defendant was seventeen (17) years of age or older and . . . (D.F.) . . ., was a child younger than fourteen (14) years of age. guilty to the offense of aggravated sexual assault of a child as part of an “open plea” agreement with the State. The trial court found appellant guilty on his plea. Because there was no plea bargain agreement as to sentencing, the trial court held a hearing on the sole issue of punishment. Following that hearing, the trial court sentenced appellant to thirty-five years imprisonment. Background At the punishment hearing, D.F., who was twenty-one at the time of trial, testified that appellant had been her mother’s boyfriend when she was eleven years old. In the mornings before she went to school, when her mother was at work, appellant would “perform sex acts” on her. Specifically, appellant, who would be naked, would take off D.F.’s clothes and they would end up on a bed. Appellant would hold D.F. down by her wrists, lick her vagina, and rub his penis on her vagina. This happened multiple times over the course of several months, possibly as often as every day. Penetration, however, did not occur. D.F. testified that she felt ashamed, embarrassed and disgusting. She made outcry when, in high school, she participated in a forensic interview for “similar-type things” that had occurred between her sister and their biological father.2 ...
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