# Pawson v. State

> Court of Criminal Appeals of Texas · October 27, 1993 · 865 S.W.2d 36

URL: https://www.frixlaw.com/law-library/cases/9863181

## Case

- **Full name:** Ralph Wilbur PAWSON, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** October 27, 1993
- **Citations:** 865 S.W.2d 36; 1993 Tex. Crim. App. LEXIS 163; 1993 WL 431518
- **Precedential status:** Published
- **Opinion:** Opinion of the court by McCORMICK
- **Judges:** McCormick, Clinton, Baird, Meyers
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9863181

## Opinion text

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW
McCORMICK, Presiding Judge.
A jury convicted appellant Ralph Wilbur Pawson of sexually assaulting a child, and assessed his punishment at twelve years’ confinement and a $10,000 fine. Y.T.C.A., Penal Code, Section 22.011(a)(2)(A). On direct appeal, the Court of Appeals reversed the conviction, and remanded the cause for a new trial. Pawson v. State, No. 2-89-007-CR (Tex.App.—Fort Worth, delivered January 31, 1990) (nonpublished). We granted the State’s petition for discretionary review to determine whether in a prosecution under V.T.C.A., Penal Code, Section 22.011(a)(2), a defendant must claim the victim consented as a prerequisite to raising the promiscuity defense under V.T.C.A., Penal Code, Section 22.011(d)(1).
In Hernandez v. State, 861 S.W.2d 908 , (Tex.Cr.App., 1993), this Court decided the issue adversely to the State and, in effect, held consent is irrelevant to a prosecution under Section 22.011(a)(2). Id., at 910 . Therefore, we overrule the State’s ground for review, and affirm the judgment of the Court of Appeals.
WHITE, J., dissents with note:
I respectfully dissent for the reasons set out in the dissenting opinion in Hernandez v. State, 861 S.W.2d 908 (Tex.Cr.App., 1993).
BAIRD, J., joins the opinion but dissents to the decision to publish.
MEYERS, J., not participating.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9863181. Public record. Not legal advice.