Weldon William Needham v. the State of Texas
CourtTexas Court of Appeals, 11th District (Eastland)
Date FiledOctober 8, 2026
Docket11-25-00138-CR
StatusPublished
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Full Opinion
Opinion filed October 8, 2026
In The
Eleventh Court of Appeals
__________
No. 11-25-00138-CR
__________
WELDON WILLIAM NEEDHAM, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 70th District Court
Ector County, Texas
Trial Court Cause No. A-23-1084-CR
MEMORANDUM OPINION
A jury convicted Appellant, Weldon William Needham, of three counts of
sexual assault of a child, each a second-degree felony, and one count of continuous
sexual abuse of a young child, a first-degree felony. See TEX. PENAL CODE ANN.
§§ 22.011(a)(2), (f), 21.02(b), (h) (West 2026). The jury assessed Appellant’s
punishment at twenty years’ imprisonment in the Institutional Division of the Texas
Department of Criminal Justice (TDCJ) for each count of sexual assault of a child
and fifty-three years’ imprisonment in TDCJ for the offense of continuous sexual
abuse of a young child. The trial court sentenced Appellant accordingly and ordered
that Appellant’s sentences be served consecutively.
In his sole issue on appeal, Appellant only challenges his conviction for
continuous sexual abuse of a young child, arguing that the evidence is insufficient
because “the [S]tate failed to establish evidence of the starting or ending date of the
abuse.” Appellant further mentions, albeit briefly, that “the trial court erred in
providing a jury charge after the guilt/innocence phase . . . that failed to provide the
date or dates necessary to prove beyond a reasonable doubt that Appellant had
committed the crime of continuous sexual abuse”; however, he clarifies that his
argument on appeal is that, “[a]s a result of the trial court [sic] and the State failing
to produce any evidence as to when the alleged sexual abuse began, the evidence
was legally insufficient for the jury to find that Appellant committed [the offense].”
In this regard, he specifies that: “[In] Appellant’s only point of error, Appellant
asserts that the evidence was insufficient to support [Appellant’s] conviction as to
Count Seven” alleging continuous sexual abuse.1 We affirm.
1
It is unclear whether Appellant is raising a distinct charge-error complaint or if it is his intent to
combine this “complaint” with his sufficiency argument. It appears to be the latter. However, to the extent
that Appellant attempts to raise this issue, it fails because he advances no argument to support it and does
not state what harm, if any, resulted from the charge that was given by the trial court. In fact, Appellant’s
only reference to this “complaint” consists of a single, short paragraph in his brief, with no supporting
argument or analysis, that generally alludes to the Almanza standard that we employ when reviewing
charge-error complaints. See Almanza v. State, 686 S.W.2d 157, 171 (Tex. Crim. App. 1984). Therefore,
we conclude that any such complaint, if there is one, is subsumed within Appellant’s challenge to the
sufficiency of the evidence, which, as we discuss below, supports Appellant’s conviction for continuous
sexual abuse of a young child.
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I. Factual Background
A.A.C. and A.J.C. 2 are the minor victims alleged in Count Seven of the
indictment, and which is the subject of this appeal. Therefore, we only recite the
facts that are necessary to address the issue raised on appeal.
A.A.C.’s and A.J.C.’s mother, K.M., resided with the children in Odessa and
frequently spent time with Appellant and her sister, who was common-law married
to Appellant. K.M. was raised in Odessa, but she moved to Virginia with A.A.C.
and A.J.C. in March 2021. In August 2021, K.M. and the children returned to
Odessa.
Soon after K.M., A.A.C., and A.J.C. moved back to Odessa, K.M. began
noticing how Appellant interacted with A.A.C. when the two of them were alone;
Appellant’s behavior made K.M. uncomfortable. Appellant, whom the family
referred to as “Bud” or “Uncle Bud,” would “sit in the room with [A.A.C.]” in an
area that “was kind of obscured from view.” After the third time this occurred, K.M.
stated, “[W]e’re not going to sit with Uncle Bud anymore” because she “was
uncomfortable with it.” Because of this, K.M. said that she, A.A.C., and A.J.C.
would spend less time at Appellant’s home; however, after her and her sister’s father
died, Appellant and her sister “were over at the house sometimes” and she visited
their home “several times.”
One day, in June 2023, K.M. was at Appellant’s home with A.A.C. and A.J.C.
At the time, A.A.C. was eight and A.J.C. was five. Sometime during this visit,
K.M.’s sister advised K.M. that she “just caught [Appellant] with [A.A.C.]’s panties
down and his phone light on. In the bedroom.” K.M. and the children left
immediately.
To protect the identity of the child victims and their family members, we refer to them by either
2
pseudonyms or initials. See TEX. CONST. art. I, § 30(a)(1); TEX. R. APP. P. 9.10(a)(3).
3
Shortly thereafter, A.A.C. told K.M. that Appellant had touched her “hiney”
in the bedroom, which K.M. said, and according to her family’s terminology, refers
to “the front private area.” K.M. called and reported this incident to the sexual abuse
hotline and local law enforcement. A.A.C. was subsequently interviewed by
Berenice Garcia, a forensic interviewer with Harmony Home in Odessa. A.A.C.
later told K.M. that Appellant had touched her “hiney” and when K.M. asked,
“without panties, with panties?” she replied, “Without panties.”
At trial, Garcia testified that, during A.A.C.’s interview, A.A.C. outcried and
stated that Appellant “would touch her hiney with one or two fingers under her
clothes” and that this had occurred “a lot of times” and ever “since [A.A.C.] was a
baby.” Garcia was able to clarify, using an anatomical drawing, that when A.A.C.
used the term “hiney,” she was referring to her vagina. A.A.C. also told Lisa
Montoya, a sexual assault nurse examiner (SANE), that “[Appellant] touch[ed] her
hiney under her clothes,” and that “it happened” more than ten times but less than
twenty. Like Garcia, Montoya was able to confirm with A.A.C., by using a diagram,
that when A.A.C. referred to her “hiney,” she meant her vagina. In addition to her
disclosures to Garcia and Montoya, at trial, A.A.C. testified that Appellant touched
her “front privates” with his finger underneath her underwear “every time that [they]
would go [to Appellant’s home]” and that “[i]t would always hurt.”
During her interview with Garcia, A.J.C. initially did not discuss her
interactions with Appellant. However, during a second interview with Garcia,
A.J.C. made outcries of Appellant’s sexual abuse that occurred when he touched her
“hiney.” As with A.A.C., Garcia confirmed that A.J.C. meant her vagina when she
referred to her “hiney.” A.J.C. also told Abigail Carrasco, a SANE nurse, that
Appellant “touched her in her privates” and indicated on a diagram that she was
referring to “the female genitals as the area where [Appellant] touched her.” At trial,
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A.J.C. testified that Appellant touched her “private” with his hand “[m]ore than one
time” and that “once it felt like a massage.”
II. Analysis
In his sole issue, Appellant only challenges the sufficiency of the evidence to
support the jury’s finding that he committed the offense of continuous sexual abuse
of a young child.
A. Standard of Review
We review a challenge to the sufficiency of the evidence, regardless of
whether it is framed as a legal or factual sufficiency challenge, under the standard of
review set forth in Jackson v. Virginia, 443 U.S. 307 (1979). Brooks v. State, 323
S.W.3d 893, 912 (Tex. Crim. App. 2010); Polk v. State, 337 S.W.3d 286, 288–89
(Tex. App.—Eastland 2010, pet. ref’d). Under the Jackson standard, we review all
the evidence in the light most favorable to the verdict and determine whether any
rational trier of fact could have found the essential elements of the charged offense
beyond a reasonable doubt. Jackson, 443 U.S. at 319; Garcia v. State, 667 S.W.3d
756, 761 (Tex. Crim. App. 2023); Isassi v. State, 330 S.W.3d 633, 638 (Tex. Crim.
App. 2010).
In conducting a sufficiency review, we consider all the evidence admitted at
trial, including improperly admitted evidence. Winfrey v. State, 393 S.W.3d 763,
767 (Tex. Crim. App. 2013); Brooks, 323 S.W.3d at 899; Clayton v. State, 235
S.W.3d 772, 778 (Tex. Crim. App. 2007); Lee v. State, 676 S.W.3d 912, 915 (Tex.
App.—Eastland 2023, no pet.). We defer to the factfinder’s credibility and weight
determinations because the factfinder is the sole judge of the witnesses’ credibility
and the weight their testimony is to be afforded. See TEX. CODE CRIM. PROC. ANN.
art. 36.13 (West 2007); Garcia, 667 S.W.3d at 762; Winfrey, 393 S.W.3d at 768;
Brooks, 323 S.W.3d at 899; Clayton, 235 S.W.3d at 778. This standard is deferential
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and accounts for the factfinder’s duty to resolve conflicts in the testimony, to weigh
the evidence, and to draw reasonable inferences from basic facts to ultimate facts.
Jackson, 443 U.S. at 319; Garcia, 667 S.W.3d at 761; Clayton, 235 S.W.3d at 778.
We may not reevaluate the weight and credibility of the evidence to substitute our
judgment for that of the factfinder. Garcia, 667 S.W.3d at 762; Winfrey, 393 S.W.3d
at 768; Dewberry v. State, 4 S.W.3d 735, 740 (Tex. Crim. App. 1999). Thus, if the
record supports conflicting inferences, we presume that the factfinder resolved the
conflicts in favor of the verdict, and we defer to that determination. Jackson, 443
U.S. at 326; Garcia, 667 S.W.3d at 761; Merritt v. State, 368 S.W.3d 516, 525–26
(Tex. Crim. App. 2012); Clayton, 235 S.W.3d at 778.
Because the standard of review is the same, we treat direct and circumstantial
evidence equally. Isassi, 330 S.W.3d at 638; Clayton, 235 S.W.3d at 778; Hooper v.
State, 214 S.W.3d 9, 13 (Tex. Crim. App. 2007). The evidence need not directly
prove the defendant’s guilt; circumstantial evidence is as probative as direct
evidence in establishing the defendant’s guilt, and circumstantial evidence, alone,
can be sufficient to establish guilt. Carrizales v. State, 414 S.W.3d 737, 742 (Tex.
Crim. App. 2013) (citing Hooper, 214 S.W.3d at 13); Lee, 676 S.W.3d at 915. Each
fact need not point directly and independently to the defendant’s guilt if the
cumulative force of all incriminating circumstances is sufficient to support the
defendant’s conviction. Hooper, 214 S.W.3d at 13. Therefore, in evaluating the
sufficiency of the evidence, we must consider the cumulative force of all the
evidence. Villa v. State, 514 S.W.3d 227, 232 (Tex. Crim. App. 2017); Murray v.
State, 457 S.W.3d 446, 448 (Tex. Crim. App. 2015); Isassi, 330 S.W.3d at 638;
Hooper, 214 S.W.3d at 13.
Finally, we measure the sufficiency of the evidence by the elements of the
charged offense as defined in a hypothetically correct charge for the case. Morgan v.
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State, 501 S.W.3d 84, 89 (Tex. Crim. App. 2016); see also Malik v. State, 953
S.W.2d 234, 240 (Tex. Crim. App. 1997). In this regard, to determine whether the
State has met its burden to prove a defendant’s guilt beyond a reasonable doubt under
the Jackson standard, we compare the elements of the offense to the evidence
adduced at trial. Thomas v. State, 444 S.W.3d 4, 8 (Tex. Crim. App. 2014) (citing
Malik, 953 S.W.2d at 240). The hypothetically correct charge “accurately sets out
the law, is authorized by the indictment, does not unnecessarily increase the State’s
burden of proof or unnecessarily restrict the State’s theories of liability, and
adequately describes the particular offense for which the defendant was tried.”
Malik, 953 S.W.2d at 240.
B. Application
A person commits the offense of continuous sexual abuse of a young child if:
(1) during a period that is 30 or more days in duration, the person
commits two or more acts of sexual abuse, regardless of whether the
acts of sexual abuse are committed against one or more victims; and
(2) at the time of the commission of each of the acts of sexual abuse,
the actor is 17 years of age or older and the victim is: (A) a child
younger than 14 years of age, regardless of whether the actor knows the
age of the victim at the time of the offense.
PENAL § 21.02(b). The term “act of sexual abuse” means an act that violates one or
more penal laws as specified in Section 21.02(c), which includes the offense of
indecency with a child by contact. Id. §§ 21.02(c)(2), 21.11(a)(1).
Appellant argues that the evidence is insufficient to support his conviction for
continuous sexual abuse of the children because “the State failed to establish
evidence of the starting or ending date of the abuse due to a complete lack of
testimony considering that evidence.” The State contends that there is sufficient
direct and circumstantial evidence to support the jury’s finding that Appellant
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committed two or more acts of sexual abuse against the children during a period of
thirty days or more in duration. We agree with the State.
“[A]lthough the exact dates of the [sexual] abuse need not be proven, the
offense of continuous sexual abuse of a child does require proof that there were two
or more acts of sexual abuse that occurred during a period that was thirty or more
days in duration.” Michell v. State, 381 S.W.3d 554, 561 (Tex. App.—Eastland
2012, no pet.); see Smith v. State, 340 S.W.3d 41, 48 (Tex. App.—Houston [1st
Dist.] 2011, no pet.).
For decades, the Court of Criminal Appeals has recognized that child victims
cannot be expected to testify with the same clarity and ability that is expected of
mature and capable adults. Villalon v. State, 791 S.W.2d 130, 134 (Tex. Crim. App.
1990). Therefore, “[t]he legislature created the offense of continuous sexual abuse
of a child in response to a need to address sexual assaults against young children
who are normally unable to identify the exact dates of the offenses when there are
ongoing acts of sexual abuse.” Michell, 381 S.W.3d at 561; see Williams v. State,
305 S.W.3d 886, 890 n.7 (Tex. App.—Texarkana 2010, no pet.) (citing Dixon v.
State, 201 S.W.3d 731, 737 (Tex. Crim. App. 2006) (Cochran, J., concurring)).
Moreover, the uncorroborated testimony of a child victim, without more, is sufficient
to support a conviction for a sexual offense. See CRIM. PROC. art. 38.07 (West 2023);
Chapman v. State, 349 S.W.3d 241, 245 (Tex. App.—Eastland 2011, pet. ref’d); see
also Villalon, 791 S.W.2d at 134.
Count Seven of the indictment alleged that:
[Appellant] . . . during a period that was 30 or more days in duration,
to-wit: from on or about the 1st day of March, 2022, through on or about
the 15th day of June, 2023, when [Appellant] was 17 years of age or
older, did commit two or more acts of sexual abuse against children
younger than 14 years of age, namely, acts constituting Indecency with
a Child by Contact in violation of Texas Penal Code Section 21.11, to-
8
wit: with the intent to arouse or gratify the sexual desire of the
defendant, intentionally or knowingly engage in sexual contact with
“AAC” and “AJC”, . . . children who were then and there younger than
17 years of age, by then and there touching the anus or any part of the
genitals of said [children].
Here, sufficient evidence was adduced at trial to support Appellant’s conviction.
K.M. testified that after her father died in March 2022, “there were several times
where [she, A.A.C., and A.J.C.] did go over to [Appellant’s] house.” K.M. also
testified about the June 2023 incident where Appellant sexually abused both A.A.C.
and A.J.C. at his home. According to A.A.C., Appellant’s acts of sexual abuse
occurred “every time” she went to Appellant’s home and that she had been sexually
abused by Appellant ever since she was “a baby.”
In Wishert, we addressed a similar challenge. See Wishert v. State, 654
S.W.3d 317, 328–29 (Tex. App.—Eastland 2022, pet. ref’d). There, the victim,
while unable to present the specific dates of when the sexual abuse had occurred,
testified that she was abused “almost every time” she was at the defendant’s home—
she had lived at the defendant’s home during the summer and the following school
year. Id. at 329. We concluded that there was sufficient evidence to support the
defendant’s conviction for continuous sexual abuse of a young child. Id.
Like the evidence in Wishert, A.A.C. testified about the frequency of
Appellant’s sexual abuse. In fact, the testimony here is stronger than that in
Wishert—according to A.A.C., the abuse occurred “every time” she was at
Appellant’s home, as opposed to “almost every time.” While there is no evidence
of the precise date that Appellant’s sexual abuse began, the evidence shows that at
least two instances of sexual abuse occurred when A.A.C. was at Appellant’s home.
These incidents occurred sometime after the death of K.M.’s father in March 2022—
K.M. testified that she and her children went to Appellant’s home several times after
her father’s death—and later in June 2023. The time span between March 2022 and
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June 2023 well exceeds the statutorily required thirty-day period. See Wishert, 654
S.W.3d at 329 (discussing how evidence that the victim was at the defendant’s home
“intermittently from 2014 through 2017,” coupled with the victim stating the abuse
occurred almost every time she stayed there supported the jury’s verdict that the
defendant continuously sexually abused the child victim).
Given A.A.C.’s disclosures to Garcia and Montoya and her testimony that
Appellant touched her vagina with his finger underneath her clothes and in the
bedroom “every time” that she went to Appellant’s home, a jury could reasonably
conclude that, at a minimum, the two above encounters, alone, involved sexual abuse
that amounted to indecency with a child by contact. See PENAL §§ 21.02(c)(2),
21.11(a)(1). And the sheer number of occasions that Appellant had sexually abused
A.A.C.—at least ten times—further supports the jury’s verdict. See Soto v. State,
No. 11-19-00214-CR, 2021 WL 3235881, at *5 (Tex. App.—Eastland July 30, 2021,
no pet.) (mem. op., not designated for publication) (holding that because the sexual
abuse occurred at least six times supported the conclusion that there was sufficient
evidence to support the defendant’s conviction for continuous sexual abuse of a
child). Moreover, A.A.C.’s testimony that Appellant’s acts of sexual abuse occurred
repeatedly since she was a baby is, without more, sufficient to support the jury’s
finding of guilt. See Lindsey v. State, No. 11-23-00237-CR, 2025 WL 51907, at *4
(Tex. App.—Eastland Jan. 9, 2025, no pet.) (mem. op., not designated for
publication) (discussing how testimony that the sexual abuse began at a certain age
can help establish the period of time such abuse occurred for purposes of meeting
the requisite thirty-day period).
Appellant further argues that the evidence allowed the jury to impermissibly
speculate as to the dates when the alleged acts of sexual abuse occurred. However,
“[s]peculation is mere theorizing or guessing about the possible meaning of the facts
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and evidence presented.” Anderson v. State, 416 S.W.3d 884, 888 (Tex. Crim. App.
2013) (quoting Hooper, 214 S.W.3d at 16). Conversely, “an inference is a
conclusion reached by considering other facts and deducing a logical consequence
from them.” Id. (quoting Hooper, 214 S.W.3d at 16). Here, the jury did not need to
guess or speculate about the dates that Appellant’s acts of sexual abuse occurred.
Instead, it was permitted to draw the reasonable inference, based on the evidence
discussed above, that Appellant’s sexual abuse of A.A.C. spanned a duration that
exceeded thirty days.
In Lindsey, the appellant, like Appellant here, argued that because the precise
dates of when the acts of sexual abuse occurred could not be determined, the only
conclusion that could be reached by the jury was based on speculation. Lindsey,
2025 WL 51907, at *3–4. However, we reasoned that the evidence showed that the
acts of sexual abuse began sometime before the victim was nine and ended on a
certain date, and that this was sufficient to satisfy the thirty-day duration requirement
and uphold the appellant’s conviction. Id. at *4. Thus, like the fact-based conclusion
in Lindsey, there is a definitive time-period here that establishes at least when the
sexual abuse began—in March 2022—and when it ended—in June 2023. Therefore,
the jury’s finding that Appellant sexually abused A.A.C. continuously as
contemplated by Section 21.02 is one that is based on a permissible logical inference,
not speculation.
Viewing the evidence in the light most favorable to the jury’s verdict, the
record contains evidentiary puzzle pieces that the jury could have carefully fit
together to rationally find beyond a reasonable doubt that Appellant’s sexual abuse
of A.A.C. occurred and exceeded a duration of thirty days or more. See Flowers v.
State, 220 S.W.3d 919, 923 (Tex. Crim. App. 2007) (“The trier of fact fits the pieces
of the . . . puzzle together and weighs the credibility of each piece.”). Therefore,
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considering the cumulative force of all the evidence, we conclude that the record
contains sufficient evidence from which a rational jury could have logically inferred
and found beyond a reasonable doubt that Appellant was guilty of the offense of
continuous sexual abuse of a child as charged in Count Seven of the indictment.
Accordingly, we overrule Appellant’s sole issue.
III. This Court’s Ruling
We affirm the judgments of the trial court.
W. STACY TROTTER
JUSTICE
October 8, 2026
Do not publish. See TEX. R. APP. P. 47.2(b).
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.
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