Joshua Gilbert Maldonado v. the State of Texas
CourtTexas Court of Appeals, 1st District (Houston)
Date FiledAugust 13, 2026
Docket01-25-00532-CR
StatusPublished
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Full Opinion
Opinion issued August 13, 2026
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-25-00532-CR
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JOSHUA GILBERT MALDONADO, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 412th District Court
Brazoria County, Texas
Trial Court Case No. 101989-CR
MEMORANDUM OPINION
Appellant Joshua Gilbert Maldonado challenges the sufficiency of the
evidence supporting his conviction. We affirm.
I. Background
Maldonado was indicted on two counts of aggravated sexual assault of a child,
R.C.,1 occurring on or around July 31, 2022 and June 30, 2022 and comprising a
criminal episode. See TEX. PENAL CODE § 3.01.
At trial, R.C. testified that on July 31, 2022, she was sleeping when
Maldonado put his fingers inside of, and licked, her vagina. R.C. further testified
that around one month before the July assault, she was sleeping when Maldonado
put his fingers inside her vagina while holding her down with his other hand.
The jury convicted Maldonado and sentenced him to sixty-five years
imprisonment for each count. The trial court ordered the sentences to run
consecutively.
II. Analysis
Maldonado argues R.C. was not credible because she did not tell investigators
that he held her down during the June 30 assault nor that he licked her vagina during
the July 31 assault—instead, she first mentioned these facts at trial. Of course, the
jury is the sole judge of a witness’s credibility. See Dunham v. State, 666 S.W.3d
477, 482 (Tex. Crim. App. 2023). The jury was free to believe R.C.’s testimony
even though she was more specific at trial than she had been with investigators. See
1
We use a pseudonym to protect the complainant’s identity. See TEX. R. APP. P.
9.10(a)(3), (b).
2
Davis v. State, No. 01-24-00301-CR, 2026 WL 1139724, at *4 (Tex. App.—Houston
[1st Dist.] Apr. 28, 2026, pet. filed) (jury resolves inconsistencies between witness’s
pretrial statements and trial testimony).
We overrule Maldonado’s sole issue and affirm.
Andrew Johnson
Justice
Panel consists of Justices Caughey, Johnson, and Dokupil.
Do not publish. TEX. R. APP. P. 47.2(b).
3