Appeals court affirms sexual assault conviction

By CLAY REDDICK
LAREDO MORNING TIMES

An appeals court has affirmed the conviction of a man sentenced to life in prison for sexual assault and indecency with
a child.

Prosecutors are satisfied with the 4th Court of Appeals’ decision, but the defense plans to appeal the decision to a
higher court.

Jose Maximino Dominguez, 49, was arrested on Dec. 7, 2003. He was accused of sexually assaulting and having sexual
contact with a child younger than 14 on March 16, 2001. He was also accused of having sexual contact with the same
child the day he was arrested.

In November, Dominguez was found guilty in the 341st District Court. He was sentenced to 20 years on three counts
of indecency with a child and was given life in prison on the aggravated sexual assault charge.

Defense attorney Fausto Sosa appealed the case, arguing that it was improper for prosecutors to introduce testimony on
other offenses committed by Dominguez and to not give jurors special instructions about that testimony.

The San Antonio appeals court agreed that the 341st erred in allowing the testimony, but did not find that the errors
harmed the defendant. The court issued an opinion on Dec. 28 affirming the conviction.

“This opinion further validates the verdict issued by the jurors, who understood the significance of their role in issuing a fair and impartial verdict,” said Assistant District Attorney Uriel Druker.

Sosa disagreed with the court’s opinion that the errors were harmless. He will appeal the decision to the Court of
Criminal Appeals, the highest court in Texas for criminal cases.

“We hope that justice is served,” Sosa said. “It should be a very interesting point for the Court of Criminal Appeals to
consider.”