Davis v. State

581 S.W.3d 885 (Tex. App. 2019)

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Nature of the Case

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Facts

K.R. and her friend D.R. drove together to a house where D lived with his roommate, Chris Norton, and Norton's girlfriend, H.L. They went to 'hang out' and 'get high.' All except D consumed a half-cap of gamma-hydroxybutyric acid (GHB). As the GHB was wearing off, D prepared and offered the women wine coolers. Shortly, K.R. found it almost impossible to walk, and she blacked out. She awoke later that morning, in her car, which had been abandoned and parked in a warehouse area. D.R. was unconscious in the back seat. K.R. described having only flashes of memory that involved both men having sex with her. K.R. drove home, where she and D.R. smoked methamphetamine again. K.R.'s roommate persuaded the women to go to the hospital for a sexual assault exam. K.R.'s exam lasted a number of hours, after which she went home. She did not cooperate with the police and remained active in the drug world. A legislative grant to test rape kits led to hers being tested in 2015. The DNA matched D and K.R. identified him from a photo lineup and also identified him at trial as the man who had assaulted her in 2008. D was found guilty of sexual assault. During the punishment phase, P presented evidence of D's prior convictions for sexual assault, robbery, and burglary. The trial court imposed a life sentence. D appealed.