Affirmed and Opinion Filed April 9, 2015 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-00564-CR 

ROGER ALLEN STULCE, JR, Appellant 

V. 

THE STATE OF TEXAS, Appellee 

On Appeal from the 380th Judicial District Court 

Collin County, Texas 

Trial Court Cause No. 380-82427-2012 

MEMORANDUM OPINION 

Before Justices Francis, Lang-Miers, and Whitehill 

Opinion by Justice Francis 

Roger Allen Stulce, Jr. appeals his conviction for the sexual assault of H.S. After finding 

appellant guilty as charged, the jury assessed punishment at twenty years and a $10,000 fine. In 

a single issue, appellant claims the trial court erred by allowing certain evidence during 

punishment. We affirm. 

After H.S. testified appellant repeatedly raped her, the jury found him guilty of sexual 

assault. During punishment, Detective Matt Baxter of the McKinney Police Department told the 

jury he began investigating this case after a woman reported she had responded to a Craiglist ad 

and was sexually assaulted by appellant. Baxter searched the internet and found eight Craigslist 

ads related to appellant’s apartment. The State offered printouts of Craigslist ads found on the 

internet. Appellant had no objections to State’s exhibits 7 and 10, but argued exhibits 8, 9, and 
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11 through 14 were not properly authenticated as being authored or placed by appellant and 

should not have been admitted. On appeal, he claims the admission of these exhibits was error 

and we must reverse this case for a new punishment hearing. 

We first note that exhibits 8, 12, and 14 were offered but not admitted. Thus, appellant’s 

complaint as to these three exhibits lacks merit. With respect to exhibits 9, 11, and 13, even 

assuming the trial court erred by admitting the evidence, we conclude appellant’s substantial 

rights were not affected. 

The erroneous admission or exclusion of evidence is nonconstitutional error. Walters v. 

State, 247 S.W.3d 204, 221 (Tex. Crim. App. 2007). Under rule 44.2(b), we disregard 

nonconstitutional error that does not affect the substantive rights of appellant. Potier v. State, 68 

S.W.3d 657, 666 (Tex. Crim. App. 2002). Substantial rights are not affected if, based on the 

record as a whole, we have a fair assurance that the error did not influence the jury or had but a 

slight effect. Motilla v. State, 78 S.W.3d 352, 355 (Tex. Crim. App. 2002). 

After reviewing the record, we conclude the effect of the complained-of exhibits was not 

substantial or injurious. Appellant was found guilty of raping H.S. During punishment, the jury 

heard the explicit testimony of three other of his rape victims, only one of whom responded to a 

Craigslist ad. Each female victim said appellant portrayed himself as a harmless “nice guy” in 

order to gain their trust, then brutally raped them. In addition, two female undercover police 

officers who posed as women interested in subleasing appellant’s apartment testified. At least 

one of the officers said appellant told her she could live in the apartment if she paid him $50 a 

month, gave him a “blow job” every month, and had sex with him that day as a deposit. After 

reviewing all the evidence as well as the entire record, we conclude the admission of the ads 

depicted in exhibits 9, 11, or 13 did not influence the jury or had but a slight effect. We overrule 

appellant’s single issue. 
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We affirm the trial court’s judgment. 

 

Do Not Publish 

TEX. R. APP. P. 47.2(b) 

140564F.U05 

 

/Molly Francis/ 

MOLLY FRANCIS 

JUSTICE 
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S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

ROGER ALLEN STULCE, JR, Appellant 

No. 05-14-00564-CR V. 

THE STATE OF TEXAS, Appellee 

 On Appeal from the 380th Judicial District 

Court, Collin County, Texas 

Trial Court Cause No. 380-82427-2012. 

Opinion delivered by Justice Francis, 

Justices Lang-Miers and Whitehill 

participating. 

 Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED. 

Judgment entered April 9, 2015.