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Sexually violent predator claiming he was harmed by trial court strikes out on appeal

SOUTHEAST TEXAS RECORD

Monday, November 25, 2024

Sexually violent predator claiming he was harmed by trial court strikes out on appeal

Attorneys & Judges
Templeton

Judge Mitch Templeton, 172nd District Court

BEAUMONT – Christopher Charles Valsin failed to convince the Ninth Court of Appeals that a trial court harmed him by admitting evidence in a trial in which the jury unanimously determined beyond a reasonable doubt that he is a sexually violent predator.

Valsin appealed the finding back in May 2019. On Feb. 11, the Ninth Court affirmed the judgment of Judge Mitch Templeton, who presides over the 172nd District Court in Jefferson County.

Court records show Valsin has two separate past convictions for sexual assault of a child. The first conviction arose from a 1996 assault against an unrelated fifteen-year-old victim when Valsin was 28 years old.

Valsin was convicted for a second offense of sexual assault of a child after entering a guilty plea, which stemmed from a 2001 incident with a thirteen-year-old victim who lived in his neighborhood.

The evidence introduced at trial also established Valsin has prior convictions for prostitution and indecency with a child by exposure.

Evidence at trial also showed that Valsin had been arrested for assaulting his ex-wife, who did not pursue criminal charges.  

Court records show the trial court admitted evidence, over defense objection, that Valsin’s stepdaughter made an outcry when she was 12, alleging Valsin repeatedly sexually assaulted her beginning when she was 10 years old. The grand jury ultimately no billed the charges pertaining to the stepdaughter.

The trial court overruled Valsin’s objection to the evidence but read his requested limiting instruction to the jury multiple times throughout the proceedings and included the limiting instruction in the formal written jury charge.

On appeal, Valsin challenged the factual sufficiency of the evidence to support a finding beyond a reasonable doubt that he is a sexually violent predator and asserts he was harmed when the trial court admitted evidence before the jury of an allegation of a prior sexual offense that a grand jury “no billed.”

The Ninth Court concluded the trial court did not abuse its discretion by allowing the experts to discuss allegations of a no billed prior sexual assault by Valsin, and factually sufficient evidence supports the jury’s finding that he is a sexually violent predator – affirming the trial court’s judgment and order of commitment.

Case No. 09-19-00140-CV

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