CourtListener 10852160•Travarius Leon Dent v. the State of Texas
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NUMBER 13-25-00211-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
TRAVARIUS LEON DENT, Appellant,
v.
THE STATE OF TEXAS, Appellee.
ON APPEAL FROM THE 478TH DISTRICT COURT
OF BELL COUNTY, TEXAS
MEMORANDUM OPINION
Before Chief Justice Tijerina and Justices Peña and West
Memorandum Opinion by Chief Justice Tijerina
A jury convicted appellant Travarius Leon Dent of aggravated sexual assault of a
young child, a first-degree felony, and the trial court sentenced him to twenty-five years’
imprisonment. See TEX. PENAL CODE § 22.021(a)(2)(B), (e). By two issues, appellant
argues: (1) the trial court abused its discretion by admitting extraneous offense evidence
in contravention of Texas Rules of Evidence 401‒403; and (2) the trial court’s written
charge constituted an improper comment on the evidence in violation of Article 36.14 of
the Texas Code of Criminal Procedure. We affirm.1
I. BACKGROUND
At trial, Jane testified that appellant is her father, and they lived in a four-plex
apartment studio. When she was eight years old, she came home from school and asked
appellant for some cookies to eat. Appellant responded that she could have some after
she did something for him. They went into the living room, he pulled down her pants and
her panties, and he instructed her to get on the couch. Jane stated that appellant “tried to
penetrate” her vagina with his penis while she had her head in between pillows. She
explained that while appellant did not “fully” penetrate her, his “penis came between [her]
outer lips.” Jane testified that during another incident, she was in her room watching TV
when appellant walked into her room. He pulled his pants down to his knees, “and he had
an erection, and he told [Jane] to pull it.” When Jane refused, appellant pulled his pants
up and walked out of the room.
After the family moved to a house in Bell County, so many more instances of sexual
abuse occurred such that Jane had trouble articulating all the occurrences. For example,
she was washing dishes one day when appellant held her from behind and grabbed her
breasts while he had an erection. At night, he would come into her bedroom with his
phone’s flashlight and touch her vagina. Jane stated this occurred almost daily. When
she took a shower, appellant would try to make his way into the bathroom.
1 This appeal was transferred from the Third Court of Appeals in Austin pursuant to an order issued
by the Texas Supreme Court. See TEX. GOV’T CODE § 73.001. We are required to follow the precedent of
the transferor court to the extent it differs from our own. TEX. R. APP. P. 41.3.
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Jane testified that one time appellant caught her kissing a boy in her room.
Appellant grabbed his shotgun and held it at them. Once the boy left, appellant inserted
his fingers into Jane’s vagina and asked her if she was “wet.” According to Jane, her
brother X.D. witnessed this.
Jane testified that she did not tell her mother about the abuse because she was
afraid her mother would not believe her, and she did not want to break up her family.
Instead, Jane picked up extracurricular activities so that she would not be home. After
track practice, Jane was lying on her bed scrolling through her phone when appellant
entered. Appellant got onto Jane’s bed and started masturbating. When Jane told him
that was nasty, appellant told her it was normal, and he gave Jane a vibrator.
Jane started seeing a therapist regarding bullying she was experiencing at school.
The therapist diagnosed her with severe depression and prescribed her an anti-
depressant, but appellant did not allow Jane to fill the prescription and prohibited future
therapy sessions. Thereafter, Jane tried to take her own life at least twice and was
admitted into a mental hospital.
Appellant testified that although he was a strict disciplinarian and “a bit verbally
abusive,” he was “not so much physically abusive.” Appellant stated, “See, once I
disciplined my son. And I was—” before defense counsel interrupted and asked to
approach the bench. Outside the presence of the jury, appellant stated that he was
charged with injury to a child, X.D., he pleaded guilty to that offense, and he was placed
on deferred adjudication. The trial court found the evidence probative, and it was
admitted. Appellant admitted the same to the jury and added that X.D. was eight or nine
years old at the time of this offense. The trial court gave the jury the following limiting
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written instruction:
During the trial, you heard evidence that the defendant may have committed
an offense or offenses against [X.D.]. The state offered the evidence to
rebut defensive theories in the case and challenge credibility. You are not
to consider that evidence at all unless you find, beyond a reasonable doubt,
that the defendant did, in fact, commit the offense or offenses against [X.D.].
The jury convicted appellant of the offense and sentenced him as stated above. This
appeal followed.
II. STANDARD OF REVIEW & APPLICABLE LAW
We review a trial court’s decision to admit or exclude extraneous offense evidence
for abuse of discretion. Perkins v. State, 664 S.W.3d 209, 217 (Tex. Crim. App. 2022). A
trial court abuses its discretion if its ruling is so clearly wrong as to lie outside the zone of
reasonable disagreement. Taylor v. State, 268 S.W.3d 571, 579 (Tex. Crim. App. 2008).
We will uphold a trial court’s ruling if it is reasonably supported by the record and is correct
under any theory of law applicable to the case. Carrasco v. State, 154 S.W.3d 127, 129
(Tex. Crim. App. 2005); see also Perkins, 664 S.W.3d at 217 (cautioning that when
reviewing trial court’s Rule 403 balancing-test determination, an appellate court reverses
a trial court’s judgment “rarely and only after a clear abuse of discretion”).
III. EXTRANEOUS OFFENSE EVIDENCE
Appellant argues that the trial court erred in admitting evidence that he previously
pleaded guilty to injury to a child and was placed on deferred adjudication. The State
argues that the evidence was permissible to rebut appellant’s false statements.
A. Rule 404
“In a criminal case, a defendant may offer evidence of the defendant’s pertinent
trait, and if the evidence is admitted, the prosecutor may offer evidence to rebut it.” TEX.
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R. EVID. 404(2)(A).
By placing his character in issue . . . the accused “opens the door” for the
State to rebut evidence of his good character with its own evidence of the
accused’s bad character. On cross-examination, the State may test the
character witness’ familiarity with the defendant’s character or demonstrate
that the witness has a low standard for what he considers good character
by inquiring into prior specific instances of conduct that are inconsistent with
the particular character trait . . . .
Wheeler v. State, 67 S.W.3d 879, 886 n.16 (Tex. Crim. App. 2002). Thus, “if a defendant
testifies to a blanket statement of good conduct or character, he may ‘open the door’ by
leaving a false impression with the jury about a relevant act or character trait.” Sandoval
v. State, 409 S.W.3d 259, 302 n.31 (Tex. App.—Austin 2013, no pet.) (citing Daggett v.
State, 187 S.W.3d 444, 452 (Tex. Crim. App. 2005)). “Rebuttal of a defensive theory is
also one of the permissible purposes for which relevant evidence may be admitted under
Rule 404(b).” Isenhower v. State, 261 S.W.3d 168, 180 (Tex. App.—Houston [14th Dist.]
2008, no pet.).
Here, appellant consistently maintained that he was never physically abusive with
the children, and he repeatedly stated that Jane fabricated the allegations in retaliation of
his strict discipline. See id. (“In sexual assault cases, extraneous offense evidence may
be admitted under Rule 404(b) to rebut defensive theories of retaliation . . . .”); Williams
v. State, 301 S.W.3d 675, 687 (Tex. Crim. App. 2009) (providing that extraneous-offense
evidence is also admissible to rebut a defensive theory). During voir dire, in his opening
statement, and throughout trial, appellant repeatedly presented himself as being a
devoted, strict, and good father. Sandoval, 409 S.W.3d at 303 (“[W]hen a defense witness
presents a picture that the defendant is not the type of person to commit the charged
offense, the prosecution may impeach that witness’s testimony by introduction of similar
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extraneous offenses.”); Isenhower, 261 S.W.3d at 181 (“The admission of this evidence
makes it much less likely that A.B.’s allegations concerning the charged offense were the
result of a retaliatory motive.”). Because appellant placed his character for nonviolence
towards his children at issue, he opened the door under Rule 404 for the State to
introduce rebuttal evidence showing a pattern of physical abuse. See Harrison v. State,
241 S.W.3d 23, 27 (Tex. Crim. App. 2007); see also Garza v. State, No. 03-22-00073-
CR, 2023 WL 4277362, at *7 (Tex. App.—Austin June 30, 2023, pet. ref’d) (mem. op., not
designated for publication) (“Rebuttal of a theory that the complainant fabricated the
allegations against the defendant is one of the ‘other purposes’ for which extraneous-
offense evidence may be admitted under Rule 404(b).”).
B. Rule 403
Rule 403 provides that relevant evidence may be excluded if “its probative value
is substantially outweighed by a danger of one or more of the following: unfair prejudice,
confusing the issues, misleading the jury, undue delay, or needlessly presenting
cumulative evidence.” TEX. R. EVID. R. 403. “Under Rule 403, it is presumed that the
probative value of relevant evidence exceeds any danger of unfair prejudice. The rule
envisions exclusion of evidence only when there is a clear disparity between the degree
of prejudice of the offered evidence and its probative value.” Hammer v. State, 296
S.W.3d 555, 568 (Tex. Crim. App. 2009) (footnote omitted). “[R]eviewing courts should
afford trial courts a high level of deference regarding admissibility determinations under
Rule 403.” Brickley v. State, 623 S.W.3d 68, 80 (Tex. App.—Austin 2021, pet. ref’d).
When conducting a Rule 403 balancing test, courts should consider: (1) the
evidence’s probative force; (2) the proponent’s need for the evidence;
(3) the evidence’s potential to suggest a decision on an improper basis;
(4) the evidence’s tendency to distract the jury from the main issues; (5) any
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tendency for the jury to give the evidence undue weight because it has not
been fully equipped to evaluate the evidence’s probative force; and (6) the
likelihood that presenting the evidence will consume an inordinate amount
of time.
Guedea v. State 683 S.W.3d 549, 553 (Tex. App.—Waco 2023, no pet.) (citing
Gigliobianco v. State, 210 S.W.3d 637, 641‒42 (Tex. Crim. App. 2006)).
Appellant argues that the “bare-bones admission of a prior offense without more”
did not provide any probative evidence regarding his intent. Appellant further argues that
the State did not need the extraneous offense evidence because the State had sufficient
evidence to challenge his defense, including Jane’s testimony, recorded phone calls
revealing appellant’s admission to sexually assaulting Jane, observations from X.D.
witnessing the assault, and testimony from medical professionals implicating appellant.
However, appellant’s renunciation of intent to molest his daughter was prevalent
throughout trial. Thus, the extraneous offense evidence that appellant had previously
physically assaulted another child made it more probable that he also assaulted Jane and
that he had the intent to do so. While the State called many witnesses, none could provide
evidence to rebut the defensive theory put forward by appellant. See Brickley, 623 S.W.3d
at 82 (“[A]lthough several witnesses testified before the evidence at issue was admitted,
those witnesses did not describe incidents of prior abuse.”); see also Dials v. State, 717
S.W.3d 674, 680 (Tex. App.—Waco 2025, pet. ref’d). Therefore, the trial court could have
reasonably concluded that the State’s need for the evidence still demonstrated probative
value.
Here, the trial court gave the jury a limiting instruction that it could consider
appellant’s offense against X.D. for the limited purposes of challenging his defensive
theory and challenging his creditability. Thus, the jury was provided with the purpose and
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scope for which it could consider the evidence, and we presume the jury followed the trial
court’s instructions. See Gamboa v. State, 296 S.W.3d 574, 580 (Tex. Crim. App. 2009).
Furthermore, the extraneous evidence was introduced entirely through appellant, and
appellant’s testimony was neither confusing nor highly technical such that the jury was ill-
equipped to evaluate the probative force of the evidence. See Brickley, 623 S.W.3d at 82
(“[T]he testimony did not address a complex subject matter and addressed a self-
contained act.”); Gaytan v. State, 331 S.W.3d 218, 228 (Tex. App.—Austin 2011, pet.
ref’d) (noting that matters easily comprehensible to laypeople, like evidence of extraneous
sexual conduct, are not prone to the tendency to mislead). These factors favor admission.
Lastly, the extraneous evidence was not inherently inflammatory or prejudicial as
it was not more serious than the allegations in the indicted offense. The entire testimony
involved only four questions, and appellant concedes that factor weighs in favor of
admission as it did not take an inordinate amount of time nor was the testimony
repetitious. See Gigliobianco, 210 S.W.3d at 641‒42; Brickley, 623 S.W.3d at 82.
We cannot say that there is a “clear disparity” between the danger of unfair
prejudice posed by the extraneous-offense evidence and its probative value. See
Hammer, 296 S.W.3d at 568. Therefore, we cannot say the court abused its discretion
by overruling appellant’s Rule 403 objection. We overrule appellant’s first issue.
IV. CHARGE OF THE COURT
By his second issue, appellant argues that the trial court’s written charge
concerning the extraneous offense constituted an improper comment on the evidence in
violation of Article 36.14 of the Texas Code of Criminal Procedure and that he suffered
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egregious harm as a result.
A. Applicable Law and Standard of Review
Under Article 36.14, the trial court must deliver to the jury “a written charge
distinctly setting forth the law applicable to the case”—one “not expressing any opinion
as to the weight of the evidence.” TEX. CODE CRIM. PROC. art. 36.14. “The trial judge has
the duty to instruct the jury on the law applicable to the case even if defense counsel fails
to object to inclusions or exclusions in the charge.” Vega v. State, 339 S.W.3d 514, 519
(Tex. Crim. App. 2013). Article 36.14 imposes no duty on a trial judge to instruct the jury
sua sponte on unrequested defensive issues because an unrequested defensive issue is
not the law “applicable to the case.” Posey v. State, 966 S.W.2d 57, 62 (Tex. Crim. App.
1998).
“However, if the trial judge does charge on a defensive issue (regardless of
whether he does so sua sponte or upon a party’s request), but fails to do so correctly, this
is charge error subject to review under Almanza.” Vega, 394 S.W.3d at 519. “If no proper
objection was made at trial, such as here, a reversal is required only if the error caused
‘egregious harm.’” Id.
B. Discussion
Here, appellant did not request a limiting instruction, and he did not object to the
trial court’s charge. See Delgado v. State, 235 S.W.3d 244, 254 (Tex. Crim.
App. 2007). Nonetheless, the trial court admitted the extraneous evidence for a limited
purpose and instructed the jury to consider it for that purpose only. See Jones v. State,
119 S.W.3d 412, 421 (Tex. App.—Fort Worth 2003, no pet.) (holding that where
extraneous-offense evidence relevant to rebut defensive theory and to show opportunity,
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motive, and plan, trial court properly included all four purposes in jury instruction).
However, in Barlett, the Texas Court of Criminal Appeals rejected the argument that a
limiting instruction is an impermissible comment on the weight of the evidence. Bartlett v.
State, 270 S.W.3d 147, 151 (Tex. Crim. App. 2008); see also Massar v. State, No. 03-24-
00119-CR, 2025 WL 3236284, at *4 (Tex. App.—Austin Nov. 20, 2025, no pet.) (mem.
op., not designated for publication) (“The Court of Criminal Appeals has already rejected
the argument that a limiting instruction is an impermissible comment on the weight of the
evidence.”). We presume the jury followed the court’s instructions in the jury charge
absent evidence to the contrary. See Gamboa, 296 S.W.3d at 580; see also Tolbert v.
State, No. 03-16-00505-CR, 2017 WL 6759145, at *9 (Tex. App.—Austin Dec. 22, 2017,
no pet.) (mem. op., not designated for publication). Given the beneficial nature of the
limiting instruction, we cannot say that the inclusion of the instruction in the jury charge
was an improper comment on the evidence or communicated to the jury the trial court’s
perspective. See Yepez v. State, 696 S.W.3d 1, 11 (Tex. App.—Houston [1st Dist.] 2022,
no pet.). We overrule appellant’s second issue.
V. CONCLUSION
We affirm the judgment of the trial court.
JAIME TIJERINA
Chief Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed on the
30th day of April, 2026.
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