AFFIRM; and Opinion Filed February 25, 2015.

S

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-13-00218-CR

DARREN DWYONE GREEN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 4

Dallas County, Texas

Trial Court Cause No. F11-62506-K

MEMORANDUM OPINION

Before Justices Lang, Brown, and Whitehill

Opinion by Justice Brown

Darren Dwyone Green appeals his conviction for the offense of continuous sexual abuse 

of a child. In a single issue, appellant contends the evidence is insufficient to support the 

conviction because the State failed to prove he committed the sexual acts in a period of thirty 

days or more. We affirm the trial court’s judgment. 

Appellant was indicted for intentionally or knowingly, during a period that was thirty 

days or more in duration, committing two or more acts of sexual abuse against J.F., a child 

younger than 14 years of age, by penetration of the female sexual organ by appellant’s finger and 

by contact between appellant’s hand and J.F.’s genitals, with the intent to arouse and gratify 

appellant’s sexual desire. See TEX. PENAL CODE ANN. § 21.02(a) (West Supp. 2014). Appellant

entered an open plea of guilty. A jury found appellant guilty and assessed his punishment at 

forty years’ confinement. 
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In a single point of error, appellant contends the evidence is insufficient to support his 

conviction. Appellant does not challenge the sufficiency of the evidence to show he committed 

two or more acts of sexual abuse. His challenge is limited to whether the evidence is sufficient 

to show the acts were committed during a period of thirty days or more. 

When reviewing the sufficiency of the evidence, we consider all of the evidence in the 

light most favorable to the verdict to determine whether, based on that evidence and the 

reasonable inferences therefrom, a jury was rationally justified in finding guilt beyond a 

reasonable doubt. Temple v. State, 390 S.W.3d 341, 360 (Tex. Crim. App. 2013); see Jackson v. 

Virginia, 443 U.S. 307, 318–19 (1979). The jury is the sole judge of the credibility of the 

witnesses and the weight to be given their testimony. Temple, 390 S.W.3d at 360. The 

testimony of a child victim alone is sufficient to support a conviction for continuous sexual abuse 

of a child. See TEX. CODE CRIM. PROC. ANN. art. 38.07 (West Supp. 2014); Lee v. State, 186 

S.W.3d 649, 655 (Tex. App.—Dallas 2006, pet. ref’d). 

At the time of trial in February 2013, J.F. was twelve years’ old and about two weeks 

away from her thirteenth birthday. She testified that appellant was her father’s cousin and she 

had a “family like” relationship with him. For a few months, J.F., her mom, and her siblings 

lived in an apartment with appellant and her uncle. They later moved out of that apartment into 

their own apartment next door. J.F. testified that, at some point, her relationship with appellant 

changed and he started doing bad things to her. J.F. described at least five occasions on which 

appellant committed acts of sexual abuse against her. We do not recount the details of the acts as 

they are familiar to the parties and not necessary to the disposition of this appeal. 

J.F. testified that she was eleven at the time of the first act and all later acts. She said the 

first act happened toward the end of July or the beginning of August. J.F. testified the next act

occurred “[m]aybe in August.” J.F. described another act of sexual abuse that occurred at the 
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end of September or maybe in October. The next act occurred after Thanksgiving. J.F. 

described one more act, the last one, that also occurred when she was eleven, but she did not 

remember exactly when it happened. J.F.’s mother called the police after she read text messages 

on J.F.’s phone describing to a friend what had happened.

On cross-examination, defense counsel asked J.F. if the first incident occurred when her 

family was living with appellant or living in their own apartment. J.F. testified that they lived 

next door. Defense counsel asked if it was true that J.F. did not move next door until October 

and J.F. replied, “No.” On redirect, J.F. testified that the first incident occurred before the school 

year started, sometime in July or August, and the last incident she remembered was in 

November. She stated she knew for sure the acts started before she went back to school and 

ended sometime in November. 

J.F.’s mother testified that she moved in with appellant and her kids’ uncle sometime in 

June and got her own place in October. A CPS worker testified that she interviewed J.F. on 

November 28, 2011. 

Appellant testified and denied committing any acts of sexual abuse against J.F.

Appellant maintains the evidence is insufficient because J.F. was unequivocal that the 

abuse began after she moved out of appellant’s apartment and her mother testified that the move 

occurred sometime in October. According to appellant, because J.F. testified that the last act was 

in November, sometime after Thanksgiving, a jury could not have concluded without speculation 

that the acts of sexual contact were committed over a period of thirty days or more. We disagree.

J.F. testified the first act of sexual abuse occurred in July or August and the last act she 

remembered occurred in November. This testimony alone is sufficient to prove appellant 

committed the acts of sexual abuse over a period of thirty days or more. While J.F.’s testimony 

that she lived next door to appellant when the abuse began was inconsistent with her mother’s 
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testimony that they lived with appellant until October, the jury was free to resolve those 

inconsistencies in favor of the verdict. Viewing the evidence in the light most favorable to the 

verdict, we conclude the evidence is sufficient to support appellant’s conviction. We overrule 

appellant’s point of error.

We affirm the trial court’s judgment.

Do Not Publish

TEX. R. APP. P. 47.

130218F.U05

/Ada Brown/

ADA BROWN

JUSTICE
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Court of Appeals

S

Fifth District of Texas at Dallas

JUDGMENT

DARREN DWYONE GREEN, Appellant

No. 05-13-00218-CR V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court 

No. 4, Dallas County, Texas

Trial Court Cause No. F11-62506-K.

Opinion delivered by Justice Brown. Justices 

Lang and Whitehill participating.

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

Judgment entered this 25th day of February, 2015.