Cox v. State
In Cox v. State, Nos. 13-00-184-CR & 13-00-185-CR, 2001 WL 34392825 (Tex. App.--Corpus Christi Aug. 9, 2001, no pet.), the defendant was convicted of two counts of indecency with a child.
Over the defendant's objection, the trial court admitted a copy of an online sex magazine that contained a small article related to homosexuality on the internet, but no articles relating to sex with children or unnatural interest in children.
The State argued that the magazine was offered to show intent, motive, opportunity, and identity, and pointed to the testimony of the victim that the defendant watched child pornography and masturbated in front of him. Id.
The Court of Appeals held that this testimony of the victim failed to show how the offered exhibit was relevant to show any of the bases for which it was offered. Id.