Halstead v. State (891 S.W.2d 11, 1994)

PER CURIAM.

A jury found appellant guilty of aggravated sexual assault of a child and assessed punishment at imprisonment for twenty-eight years. Act of May 26, 1987, 70th Leg., R.S., ch. 573, § 1, 1987 Tex.Gen.Laws 2275, amended by Act of July 18, 1987, 70th Leg., 2d C.S., ch. 16, § 1, 1987 Tex.Gen.Laws 80 (Tex.Penal Code Ann. § 22.021, since amended). We will affirm.

The complaining witness was the daughter of Amelia Moreno. Appellant lived with Moreno and her children for four years until Moreno’s death in 1990, and the children continued to live with appellant thereafter. Although appellant and Moreno were not formally married, there is evidence from which it might be inferred that their relationship was a common-law marriage.. The incident on which this prosecution is based occurred in July 1988, when the complainant was twelve years old.

In his first point of error, appellant complains of the district court’s refusal to admit in evidence a letter written by the complainant in which she asked to remain with appellant after her mother died. The complainant was questioned about the letter during cross-examination.

Q But shortly before your mother died, isn’t it true that you wrote a letter to whom it may concern, asking that you not be sent to live with other relatives? A No.

Q Do you recall that?

A Yes, I did. Yes, I did.

Q Do you recall asking in this letter that in the event of your mother’s death that you are allowed to stay in the custody of Marvin Halstead?

A Yes, I did.

Q And did you also state that you had come to care for him because he has always been there for you?

I did. <$

And you also love him very much and it would hurt both of us deeply if someone tried to take you away from him? O’

Yes, I did.

And you said you were writing that letter because of the fear that you may be taken away from him, correct? <©

Yes, I did.