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in the Matter of the Marriage of Brenda Jo Cox and Grady Lynn Cox
Citation: Not availableDocket: 06-03-00132-CV
Court: Court of Appeals of Texas; March 8, 2004; Texas; State Appellate Court
Original Court Document: View Document
Grady Cox filed a motion to dismiss his appeal regarding the marriage dissolution with Brenda Jo Cox, stating that the parties had reached a settlement. The Court of Appeals granted the motion under Tex. R. App. P. 42.1(a) and dismissed the appeal. In a separate case, Vargas challenged the sufficiency of evidence supporting his conviction, primarily because the victim, E.S., could not identify him in court. The court reviewed the evidence neutrally and found it factually sufficient, noting that E.S. provided general descriptions consistent with Vargas, who was present at the crime scene. Additionally, Vargas confessed in writing to the offense, acknowledging his involvement without denying it. Vargas also argued that the trial court erred by allowing hearsay testimony from E.S.'s mother regarding what E.S. told her after the incident, as it was not properly qualified as an outcry statement under Texas law. However, this error was deemed waived since the same evidence was presented later without objection, which cured the error. The court concluded that any potential error was harmless, as E.S. and a therapist provided consistent testimony, and Vargas's written confession supported the verdict. Consequently, the court affirmed the judgment.