The Third Court of Appeals in Austin has affirmed the conviction of Josue Antonio Gurrola, a Texas man sentenced to nearly a century in prison for the sexual assault of his biological cousin and adopted sister.
The decision, handed down by Justice Gisela D. Triana, leaves intact a 99-year prison sentence following a trial in the 368th District Court of Williamson County. Gurrola was found guilty of first-degree felony sexual assault of a child.
According to court documents, the victim, identified by the pseudonym Iris, was 14 years old at the time of the abuse. Iris testified that Gurrola, who is 22 years her senior and was living in the family home at the time, assaulted her on multiple occasions. She eventually reported the abuse to her mother several months after Gurrola moved out of the house.
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The appeal centered on a single procedural challenge. Gurrola’s defense team argued that the trial court erred by allowing “victim impact evidence” to be presented during the guilt-innocence phase of the trial rather than saving it for the sentencing phase.
Specifically, the defense pointed to the testimony of Kaysha Herd, a clinical supervisor at a children’s advocacy center. Herd testified that Iris suffered from post-traumatic stress disorder, anxiety, and “sexual concern related to distress.” She also described the girl’s feelings of self-blame and disgust resulting from the abuse.
However, the appellate court did not rule on whether that testimony was actually improper. Instead, the court found that Gurrola’s lawyers failed to properly preserve the error for appeal. Under Texas law, attorneys must generally object every time inadmissible evidence is offered or request a “running objection” from the judge.
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Justice Triana noted that while the defense objected to Herd testifying at the start of her appearance, they did not maintain those objections as specific details about the victim’s psychological state were shared with the jury.
“Because this complaint was not preserved for appellate review, we do not reach the merits of this issue,” the opinion stated.
With the procedural challenge dismissed, the court affirmed the original judgment, ensuring Gurrola will continue to serve the 99-year term assessed by the Williamson County jury.
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