text:
Wenger v. State, 292 S.W.3d 191 (Tex. App. 2009)
Court of Appeals of Texas
Filed: June 25th, 2009
Precedential Status: Precedential
Citations: 292 S.W.3d 191
Docket Number: 2-07-282-CR
Author: Lee Ann Dauphinot

292 S.W.3d 191 (2009)
Ruben WENGER V a/k/a Reuben V. Wenger, Appellant
v.
The STATE of Texas, State.

No. 2-07-282-CR.
Court of Appeals of Texas, Fort Worth.

June 25, 2009.
*193 Lisa Mullen, Fort Worth, for Appellant.

Joe Shannon, Jr., Criminal District Attorney, Charles M. Mallin, Chief, Appellate Division, and Debra Ann Windsor, Marty Purselley and C. Page Simpson, Assistant District Attorneys for Tarrant County, Fort Worth, TX, for Appellee.

Panel: DAUPHINOT, GARDNER, and MEIER, JJ.

OPINION

ANNE GARDNER, Justice.

I. Introduction

Appellant Ruben Wenger appeals his conviction on three counts of promotion of child pornography and four counts of possession of child pornography as alleged in the same indictment. Appellant argues that the evidence is legally and factually insufficient to support his conviction on the promotion counts and that the trial court abused its discretion in overruling his *194 hearsay objection and in admitting extraneous offense evidence of possession of child pornography.

II. Factual and procedural background

Sergeant Ried, an agent with the Attorney General's Cyber Crimes unit, testified that on November 28, 2005, he used file-sharing software called Shareaza to access the Internet through a covert access point in his office in Austin. Shareaza is a peer-to-peer[1] file sharing software that allows a user to search for music, movies, and image files and download them from other Shareaza users' computers. A Shareaza user can type exactly what he or she is looking for via search terms, and a results list will appear with download links for the user to choose from. The software also allows a user to select another user's Internet protocol ("IP") address[2] and browse all files available from that user's collection. Downloads from Shareaza are automatically placed in a "Shared" folder created by the software on the user's computer. By default, Shareaza automatically shares the items downloaded with other Shareaza users.

For his investigation, Sergeant Ried used a special search term popular in the child pornography community and discovered several results. Over Appellant's hearsay objection, the trial court allowed Sergeant Ried to testify that he downloaded child pornography files from the IP address assigned to Appellant by his Internet service provider. He stated that IP addresses are like telephone numbers, assigned to only one person. Based on the child pornography[3] Sergeant Ried downloaded from Appellant's IP address, he obtained a grand jury subpoena and a search warrant. Police executed the warrant on Appellant's residence on February 8, 2006. Sergeant Ried retrieved a computer from the residence and took a statement from Appellant's wife.

During trial, the State played an audio recording of a February 8, 2006 interview between Sergeant Ried, Sergeant Smith, and Appellant while they were at the Fort Worth police substation after the warrant was executed. Sergeant Ried testified that, before taking the statement, he read Appellant his Miranda[4] rights and did not make any promises or threats regarding Appellant's making the statement. In the recording, Sergeant Ried read the Miranda rights, told Appellant that he was not under arrest, and informed Appellant that he could ask to go home at any time. Appellant voluntarily waived his Miranda rights and spoke with the officers.

After waiving his Miranda rights, Appellant confirmed that he was the primary user of both the computer and the installed Shareaza software. He claimed that a neighborhood child used the computer occasionally, along with his son. He stated that he formerly used the file-sharing software *195 Kazaa but switched to Shareaza. He installed Shareaza and registered his name, hometown, state, and zip code on the software's user information section. He registered his user name as "C.W." because his nickname was Chip Wenger. Appellant stated initially that he had only movies and "straight" pornographic images on his computer. He denied having child pornography and stated that he did not know how it came to be on his computer unless it was "clicked on accidentally." He stated that he "[tried] to view everything that gets downloaded." Appellant admitted that he had searched for files containing the words "young" and "Lolita," but denied having used other search terms associated with child pornography.

After Sergeant Ried confronted Appellant by informing him that he had personally downloaded child pornography from Appellant's IP address, Appellant admitted that the ages of the children in the videos on his computer were "very early teens" and that the youngest child was "probably eight." Appellant described the video of the youngest child and said that the video was in his "Shared" folder. He explained that he was curious about the visual material. Appellant denied finding the material sexually arousing, but compared his viewing of the pornographic images and videos to the "Taliban beheading [video]," stating that "you'd watch it even though you find it disgusting, but you are drawn to it." He admitted he knew it was illegal.

When asked if he knew how many times he had "allowed people to upload those videos of child pornography from [his] computer," Appellant replied that he "had no idea." When asked if he was "aware that [it was possible for] people [to] upload... [his] files," Appellant stated, "I'm assuming that it is, ... but I think it says that it is—that's part of Shareaza is that []... that's your way to use it is that people pull files from members." Appellant then claimed that he "did not know how to not share and share and separate those items out." He ultimately admitted that there were "probably 300" videos of child pornography on his computer. Appellant described some files as located in folders that had titles such as "extreme," "amateur," "group," "toy," and "young." He explained that after he obtained the files from Shareaza, he would create "subfolders" and move the files.[5]

The State offered into evidence the files that Sergeant Ried downloaded from Appellant's IP address during his November investigation.[6] Sergeant Ried stated that the files included both videos and photo images of children under eighteen, including the children's genitalia and children engaging in sexual activity. He testified that one can preview partially downloaded files on Shareaza.

While Sergeant Ried testified about the steps of his investigative process on November 28, 2005, the State offered into evidence an exhibit of Shareaza screen captures[7] that showed a folder on a computer *196 at Appellant's IP address with a list of labeled subfolders and 900 files that included file names graphically describing both adult and child pornography. After a rule 403 objection and lengthy voir dire, the trial court overruled the objection and admitted the screen captures into evidence. The trial court gave Appellant a running objection to that evidence.

Detective Lawrence testified that he worked in the Computer Crime Detail of the Major Crimes section of the Fort Worth Police Department, where he investigated computer crimes and conducted computer forensics. He conducted a forensic examination on Appellant's computer after it was seized. He located the images alleged in the indictment on Appellant's computer and testified that, in his opinion, those images constituted child pornography.

Detective Lawrence explained that Appellant had stored his pornography under the "My Documents" folder of a second hard drive, D:. He stated that the terms used in the file names, such as "age 6-3 (reelkiddymov child abuse underage preteen r@ygold bond age rape molest).mpg," were common to his child pornography investigations. He testified that one file was last accessed on February 7, 2006. He also testified about the organization of the files on the second hard drive and stated that they were "pretty well organized." He stated that, in his opinion, Appellant's possession of the child pornography was not inadvertent, based on the organizational structure of the files and the number of files on the computer.

Detective Lawrence confirmed that he found on Appellant's computer all three of the files Sergeant Ried had downloaded via Shareaza on November 28, 2005. Detective Lawrence added that there were other child pornography pictures found in several subfolders other than the "young" subfolder. He also testified that unlike the default Shareaza installation, where downloaded files are automatically shared, Appellant's computer had separate folders for downloaded and shared files and that files had to be moved from the "Download" folder to the "Shared" folder to share the files in question. He demonstrated how a person could make changes to his or her sharing settings by simply selecting "Shareaza Settings."

Appellant was charged by indictment with promotion of child pornography by disseminating visual material on counts one through three of the indictment and possession of child pornography on counts four through seven. The jury returned a verdict of guilty on all counts and assessed a punishment of fifteen years for each promotion count and ten years for each possession count, with some of the sentences consecutive and others concurrent.

III. Legal and factual sufficiency of the evidence for intentional promotion by dissemination

Appellant argues that there was insufficient evidence to prove he actually and intentionally disseminated child pornography or that he had specific knowledge that the material was child pornography prior to dissemination because there was no proof that he saw the three files alleged to have been shared or that he intended to share the same.

a. Legal sufficiency: standard of review

In reviewing the legal sufficiency of the evidence to support a conviction, we view all the evidence in the light most favorable to the prosecution in order to determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. *197 2781, 2789, 61 L. Ed. 2d 560 (1979); Clayton v. State, 235 S.W.3d 772, 778 (Tex.Crim. App.2007).

This standard gives full play to the responsibility of the trier of fact 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, 99 S.Ct. at 2789; Clayton, 235 S.W.3d at 778. The trier of fact is the sole judge of the weight and credibility of the evidence. See Tex.Code Crim. Proc. Ann. art. 38.04 (Vernon 1979); Brown v. State, 270 S.W.3d 564, 568 (Tex. Crim.App.2008), cert. denied, ___ U.S. ___, 129 S. Ct. 2075, 173 L. Ed. 2d 1139 (2009). Thus, when performing a legal sufficiency review, we may not re-evaluate the weight and credibility of the evidence and substitute our judgment for that of the factfinder. Dewberry v. State, 4 S.W.3d 735, 740 (Tex.Crim.App.1999), cert. denied, 529 U.S. 1131, 120 S. Ct. 2008, 146 L. Ed. 2d 958 (2000). Instead, we "determine whether the necessary inferences are reasonable based upon the combined and cumulative force of all the evidence when viewed in the light most favorable to the verdict." Hooper v. State, 214 S.W.3d 9, 16-17 (Tex.Crim.App.2007). We must presume that the factfinder resolved any conflicting inferences in favor of the prosecution and defer to that resolution. Jackson, 443 U.S. at 326, 99 S.Ct. at 2793; Clayton, 235 S.W.3d at 778.

b. Factual sufficiency: standard of review

When reviewing the factual sufficiency of the evidence to support a conviction, we view all the evidence in a neutral light, favoring neither party. Neal v. State, 256 S.W.3d 264, 275 (Tex.Crim.App.2008); Watson v. State, 204 S.W.3d 404, 414 (Tex. Crim.App.2006). We then ask whether the evidence supporting the conviction, although legally sufficient, is nevertheless so weak that the factfinder's determination is clearly wrong and manifestly unjust or whether conflicting evidence so greatly outweighs the evidence supporting the conviction that the factfinder's determination is manifestly unjust. Lancon v. State, 253 S.W.3d 699, 704 (Tex.Crim.App.2008); Watson, 204 S.W.3d at 414-15, 417. To reverse under the second ground, we must determine, with some objective basis in the record, that the great weight and preponderance of all the evidence, though legally sufficient, contradicts the verdict. Watson, 204 S.W.3d at 417.

In determining whether the evidence is factually insufficient to support a conviction that is nevertheless supported by legally sufficient evidence, it is not enough that this court "harbor a subjective level of reasonable doubt to overturn [the] conviction." Id. We cannot conclude that a conviction is clearly wrong or manifestly unjust simply because we would have decided differently than the jury or because we disagree with the jury's resolution of a conflict in the evidence. Id. We may not simply substitute our judgment for the factfinder's. Johnson v. State, 23 S.W.3d 1, 12 (Tex.Crim.App.2000); Cain v. State, 958 S.W.2d 404, 407 (Tex.Crim.App.1997). Unless the record clearly reveals that a different result is appropriate, we must defer to the jury's determination of the weight to be given contradictory testimonial evidence because resolution of the conflict "often turns on an evaluation of credibility and demeanor, and those jurors were in attendance when the testimony was delivered." Johnson, 23 S.W.3d at 8. Thus, unless we conclude that it is necessary to correct manifest injustice, we must give due deference to the factfinder's determinations, "particularly those determinations concerning the weight and credibility of the evidence." Id. at 9. Our deference in this regard safeguards the defendant's *198 right to a trial by jury. Lancon, 253 S.W.3d at 704. An opinion addressing factual sufficiency must include a discussion of the most important and relevant evidence that supports the appellant's complaint on appeal. Sims v. State, 99 S.W.3d 600, 603 (Tex.Crim.App.2003).

c. Applicable law

The offense of promotion of child pornography is described under penal code section 43.26(e), which provides that "a person commits an offense if: (1) the person knowingly or intentionally promotes or possesses with intent to promote material described by Subsection (a)(1); and (2) the person knows that the material depicts the child as described by Subsection (a)(1)." Tex. Penal Code § 43.26(e) (Vernon 2003). Section (a)(1) of the statute describes the offense of possession of child pornography: "[a] person commits an offense if: (1) the person knowingly or intentionally possesses visual material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct." Id. § 43.26(a).

The term "promote," as defined under section 43.25(a) of the penal code, means "to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above." Id. § 43.25(a)(5) (Vernon 2007). A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result. Id. § 6.03(a) (Vernon 2003). A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist or when he is aware that his conduct is reasonably certain to cause the result. See id. § 6.03(b).

Circumstantial evidence can be used to prove intent and knowledge. See Guevara v. State, 152 S.W.3d 45, 50 (Tex. Crim.App.2004); Dillon v. State, 574 S.W.2d 92, 94 (Tex.Crim.App.1978); Krause v. State, 243 S.W.3d 95, 111 (Tex. App.-Houston [1st Dist.] 2007, pet. ref'd). The trier of fact may infer intent and knowledge from the acts, words, and conduct of the accused. Guevara, 152 S.W.3d at 50; Dues v. State, 634 S.W.2d 304, 305 (Tex.Crim.App.1982).

d. Analysis

Appellant challenges the sufficiency of the evidence on three grounds. Appellant argues that the evidence is insufficient to prove (1) that he actually disseminated the child pornography; (2) if he disseminated the child pornography, that the dissemination was intentional or knowing; and (3) that he knew the files in question contained child pornography before Sergeant Ried downloaded them from his computer. We will address each ground separately in our analysis.

1. Actual dissemination

In the first part of his sufficiency challenge, Appellant argues that the evidence is insufficient to prove that he actually "disseminated" child pornography. Implicit in his argument is the question of whether sharing digital files through peer-to-peer software like Shareaza constitutes "dissemination."

Several courts have held that making child pornography available for others to access and download through peer-to-peer file-sharing software qualifies as "distribution" or "delivery" to others. See United States v. Sewell, 513 F.3d 820, 822 (8th Cir.2008) (stating that, in the context of file-sharing software Kazaa, "placing a file *199 in a shared folder with descriptive text is clearly an offer to distribute the file"), cert. denied, ___ U.S. ___, 128 S. Ct. 2517,  171 L. Ed. 2d 789 (2008); United States v. Carani, 492 F.3d 867, 876 (7th Cir.2007) (holding that making pornography available on file-sharing software qualifies as "distribution"), cert. denied, ___ U.S. ___, 128 S. Ct. 932, 169 L. Ed. 2d 769 (2008); United States v. Shaffer, 472 F.3d 1219, 1223 (10th Cir.2007) (concluding that Shaffer distributed child pornography in the sense of having "delivered," "transferred," "dispersed," or "dispensed" it to others via his computerized stash of images and videos within his Kazaa file-sharing software).

In United States v. Shaffer, the 10th Circuit Court of Appeals analogized the making available of child pornography through peer-to-peer file sharing software to a self-serve gas station. See Shaffer, 472 F.3d at 1223. At a self-serve station, while there may be a roadside sign directing motorists to fill up their own tanks and the owner or attendants may not be present at the station, there is "no doubt that the owner is in the business of distributing, transferring or dispersing gasoline." Id. at 1223-24. Much like the gas station owner, the defendant in Shaffer "welcomed people to his computer and was happy to let them take child pornography from it." Id. at 1224. Thus, just as the owner of a self-serve gas station "distributes" gasoline, one who shares files on a peer-to-peer network "distributes" those files. See id.

Shaffer and the other cases cited above analyzed the term "distribution," but in the context of peer-to-peer file sharing, there is no significant difference between "distribution" and "dissemination." "Distribute" means, among other things, to spread out; to scatter; to give or deliver, especially to members of a group. Webster's Ninth New Collegiate Dictionary 368 (1987). "Dissemination" means to spread; to disperse throughout. Id. at 366. Because the terms "distribute" and "dissemination" have similar meanings, the cases holding that peer-to-peer file sharing is "distribution" persuasively answer the question of whether the same activity constitutes "dissemination." Mindful that penal code section 43.25(a) defines "promote" to mean both "distribute" and "disseminate," we hold that making digital files available to others through peer-to-peer file sharing software like Shareaza is "dissemination" within the meaning of section 43.25(a).

The jury heard ample evidence regarding Appellant's dissemination of the child pornography files to Sergeant Ried on November 28, 2005. Sergeant Ried and Detective Lawrence both testified about how their investigations resulted in finding child pornography files stored in subfolders within Appellant's "Shared" folder on his computer. Sergeant Ried explained his process of searching for child pornography on Shareaza and described how he retrieved the indicted files from Appellant's computer by downloading them to his computer in Austin. Detective Lawrence confirmed that, in February 2006, his forensic investigation revealed that Appellant's seized computer contained the same files and user-created subfolders discovered by Sergeant Ried's November investigation. Thus, the evidence was legally and factually sufficient to prove that Appellant actually disseminated child pornography. See Sewell, 513 F.3d at 822; Carani, 492 F.3d at 876; Shaffer, 472 F.3d at 1223.

2. Intentional or knowing dissemination

Next, Appellant argues that there was insufficient evidence to prove he intentionally or knowingly disseminated the files in question. Appellant highlights the *200 testimony that under Shareaza's default settings, the program will share a user's downloaded files automatically. Although Detective Lawrence testified that Appellant had changed the default settings sometime before the State seized his computer so that Appellant had to manually move downloaded files from the "downloads" folder to the "Shared" folder before Shareaza would share them with other users, he was unable to testify that Appellant had so modified the default settings before Detective Ried downloaded the indicted files from Appellant's computer three months earlier. And State's Exhibit 11—the screen captures Detective Ried made when he downloaded the files—indicates that Appellant's shared files were in the default "downloads" folder, not a separate "Shared" folder. Thus, argues Appellant, there is no evidence that he intentionally or knowingly disseminated child pornography because Shareaza automatically shared his downloaded files with other users, including Detective Ried.

But other evidence tends to show that Appellant intentionally or knowingly shared his downloaded files. Most significantly, in his recorded interview, Appellant admitted that he knew Shareaza shared his files: he said that he assumed users downloaded files from him and that the purpose of Shareaza was to allow users (like Detective Ried) to "pull files from members" (like Appellant). Although Appellant claimed in the interview that he did not know "how to not share and share and separate those items out," Detective Lawrence's testimony shows that Appellant did at some point—before the State seized his computer and before the interview— change the default Shareaza settings so that the program did not automatically share Appellant's downloaded files. This shows that—contrary to his claim in the recorded interview—Appellant did know how to "not share and share" files. Detective Lawrence also explained why a Shareaza user like Appellant might want to share files, namely, because Shareaza rewards a user for allowing others to download files from his computers: "[T]he more files you share, the faster you can download other files."

A jury could reasonably infer from this evidence that Appellant knew Shareaza was sharing his downloaded files and knew how to prevent Shareaza from sharing his downloaded files. Thus, the evidence is legally and factually sufficient to show that Appellant intentionally or knowingly disseminated the indicted files despite his argument that Shareaza shared the files automatically and without his knowledge or intent.

3. Knowledge of the actual content of files

Finally, Appellant argues that the evidence is insufficient to show that he knew the files in question contained child pornography when Sergeant Ried downloaded them.

There is no direct evidence that Appellant viewed the files in question before Sergeant Ried downloaded them from Appellant's computer; both Sergeant Ried and Detective Lawrence admitted that they had no such proof. But Appellant said in his recorded interview that he "tried" to view everything he downloaded. Sergeant Ried testified that Shareaza allows a user to "preview" files even before the download is complete. Appellant admitted that he searched for and downloaded child pornography by inputting search terms like "young" and "Lolita" (he denied that "Lolita" yielded any "matches," but one of the indicted images has the term "Lolita" in its file name). He manually organized his child-pornography collection in folders with names like "young." It *201 appears from State's Exhibit 11 that the "young" folder existed on Appellant's computer when Sergeant Ried downloaded the indicted files, and Detective Lawrence testified that he found those same files in the "young" folder on Appellant's computer.

Most telling are the explicitly descriptive names of the indicted files themselves, which included the terms "age6-3," "kiddy", "child abuse," "underage," "rape," "molest", "p-e-d-o," "Lolita," "PTHC" (Pre-Teen Hard Core), "8 9 10 11 12 yo," "6 year old," and "baby incest." Detective Lawrence testified that he knew what the files depicted from the file names alone before he viewed them. There was testimony that descriptive file names can be inaccurate or misleading, but in his recorded interview, Appellant volunteered that sometimes, the names are accurate: "[I]t says, `young teens,' and you pull it up, and it's a 35-year-old woman ... but some of the stuff does come up that ... is real." The record shows that the descriptive file names of the indicted files were indeed accurate. Finally, the record shows that Appellant deliberately selected the descriptively-named files for downloading; as Detective Ried explained, Shareaza does not randomly download files.

From Appellant's admission that he "tried" to view everything he downloaded, from the fact that he organized the indicted files in a folder labeled "young," and from the descriptive names of the files, a jury could reasonably infer that Appellant knew the indicted files depicted child pornography when he disseminated them to Sergeant Ried, despite the lack of direct evidence that Appellant actually viewed the files' contents before that date.

e. Conclusion

Viewing the evidence in a light most favorable to the prosecution, a rational jury could have determined beyond a reasonable doubt (1) that Appellant actually disseminated the images, (2) that he acted intentionally and knowingly, and (3) that he knew that the computer images in question depicted children under 18 years of age engaging in sexual conduct. We hold that the evidence is legally sufficient to support the jury's verdict. See Jackson, 443 U.S. at 319, 99 S.Ct. at 2789; Clayton, 235 S.W.3d at 778.

Viewing the evidence in a neutral light, we cannot say that the evidence is so weak that the jury's determination that Appellant intentionally or knowingly disseminated child pornography is clearly wrong or manifestly unjust. We also cannot say that conflicting evidence greatly outweighs evidence supporting conviction so that the jury's determination is manifestly unjust. See Lancon, 253 S.W.3d at 704; Watson, 204 S.W.3d at 414-15, 417. We therefore hold that the evidence is factually sufficient to support the jury's verdict, and we overrule Appellant's first point.

IV. Admission of hearsay testimony

In his second point, Appellant argues that the testimony identifying his IP address and Internet service provider constituted hearsay and should not have been admitted because it was an out-of-court computer-stored statement offered for the truth of the matter asserted. Appellant objected to Sergeant Ried's initial statements regarding the IP address but did not obtain a running objection. Further, toward the end of Sergeant Ried's testimony and when Detective Lawrence testified, Appellant did not object when the State elicited additional IP address testimony. Sergeant Ried confirmed without objection the existence of the IP address when describing Exhibit 11 and testified that the address was assigned to Appellant. Detective Lawrence recited the numbers in the IP address without any objection and stated that it came from Appellant's computer *202 and matched the submitted IP address from the Attorney General's office.

To preserve a complaint for our review, a party must have presented to the trial court a timely request, objection, or motion that states the specific grounds for the desired ruling if they are not apparent from the context of the request, objection, or motion. Tex.R.App. P. 33.1(a)(1); Mosley v. State, 983 S.W.2d 249, 265 (Tex. Crim.App.1998) (op. on reh'g), cert. denied, 526 U.S. 1070, 119 S. Ct. 1466, 143 L. Ed. 2d 550 (1999). A party must continue to object each time the objectionable evidence is offered. Fuentes v. State, 991 S.W.2d 267, 273 (Tex.Crim.App.), cert. denied, 528 U.S. 1026, 120 S. Ct. 541,  145 L. Ed. 2d 420 (1999); Ethington v. State, 819 S.W.2d 854, 858-59 (Tex.Crim.App.1991). A trial court's erroneous admission of evidence will not require reversal when other such evidence was received without objection, either before or after the complained-of ruling. Leday v. State, 983 S.W.2d 713, 718 (Tex.Crim.App.1998); Johnson v. State, 803 S.W.2d 272, 291 (Tex.Crim.App. 1990), cert. denied, 501 U.S. 1259, 111 S. Ct. 2914,  115 L. Ed. 2d 1078 (1991), overruled on other grounds by Heitman v. State, 815 S.W.2d 681 (Tex.Crim.App.1991). This rule applies whether the other evidence was introduced by the defendant or the State. Leday, 983 S.W.2d at 718.

Because Appellant did not obtain a running objection for his hearsay objection during Ried's testimony or specifically object to the IP address testimony elicited from Detective Lawrence, he did not preserve error for our review. Fuentes, 991 S.W.2d at 273. We must therefore overrule Appellant's second point.

V. Evidence of Extraneous Offenses

In his third point, Appellant argues that the trial court's admission of the exhibit showing a list of subfolders and 900 file names from his "Shared" folder of Shareaza in addition to the files with which he was charged was improper because it included both adult as well as child pornography, thus constituting improper extraneous offense evidence that was unduly prejudicial under Texas Rules of Evidence 403 and 404(b). The State argues that because Appellant admitted his guilt at punishment, he is estopped from raising this point unless he can show that admission of this evidence implicated a fundamental right.[8] Because we hold the evidence was admissible and not unduly prejudicial, we need not address this contention.

We review a trial court's evidentiary ruling for abuse of discretion. Weatherred v. State, 15 S.W.3d 540, 542 (Tex.Crim. App.2000); Montgomery v. State, 810 S.W.2d 372, 391 (Tex.Crim.App.1991) (op. on reh'g). A trial court abuses its discretion only when the decision lies outside the zone of reasonable disagreement. Green v. State, 934 S.W.2d 92, 101-02 (Tex.Crim. App.1996), cert. denied, 520 U.S. 1200, 117 S. Ct. 1561, 137 L. Ed. 2d 707 (1997). The trial court has wide latitude to admit or exclude evidence of extraneous offenses. Montgomery, 810 S.W.2d at 390; Sanders v. State, 255 S.W.3d 754, 760 (Tex.App.-Fort Worth 2008, pet. ref'd.). We give great discretion to the trial court in matters of admissibility of evidence if correct *203 under any theory of law, even if the trial court's underlying reason was wrong. See Romero v. State, 800 S.W.2d 539, 543-45 (Tex.Crim.App.1990).

Texas Rule of Evidence 404(b) prohibits admission of evidence of extraneous offenses to prove that, on the occasion in question, the defendant acted in conformity with the character shown by other bad acts. Tex.R. Evid. 404(b); see Santellan v. State, 939 S.W.2d 155, 168 (Tex. Crim.App.1997); Jones v. State, 119 S.W.3d 412, 418 (Tex.App.-Fort Worth 2003, no pet.). However, evidence offered to prove motive, opportunity, intent, preparation, plan, knowledge, intent, or absence of mistake or accident is not barred by Rule 404(b). Santellan, 939 S.W.2d at 168. When the defendant objects under Rule 404(b), the State must satisfy the trial court that the extraneous offense has relevance apart from its character-conformity value. See Rankin v. State, 974 S.W.2d 707, 718 (Tex.Crim.App.1998) (op. on reh'g); Montgomery, 810 S.W.2d at 387.

An extraneous offense has noncharacter-conformity relevance when it has any tendency to make the existence of a fact that is of consequence to the determination of the action more or less probable than it would be without the evidence. See Tex.R. Evid. 401; Powell v. State, 63 S.W.3d 435, 438 (Tex.Crim.App.2001). Extraneous offense evidence that tends to rebut a defensive theory is relevant beyond its character-conformity value. Bass v. State, 270 S.W.3d 557, 563 (Tex.Crim. App.2008); Montgomery, 810 S.W.2d at 386-87; Jones, 119 S.W.3d at 419. The State argues that the trial court did not abuse its discretion in admitting the list of subfolders and file names because it was admissible to rebut Appellant's defensive theory, to show his knowledge and intent to possess and promote the indicted images and his plan to store and share those images, and to show that his possession and promotion of those images was not a result of accident or mistake.

Appellant's defensive theory that he sought to develop on cross-examination of the officers was that, if any child pornography was downloaded onto his computer, it must have been accidental, and that it may have been shared with others before he viewed the content and without his knowledge. On cross-examination of Sergeant Ried, Appellant created an impression that he had only one file available for downloading and that that file could have been downloaded by others and "shared" before he became aware of it. The State's exhibit showing an extensive list of subfolders and file names tended to show that Appellant was experienced in searching for both child and adult pornography, that he had numerous files of both kinds available for sharing, and that he organized his pornography collection by type of image, including creating a special subfolder entitled "young." His creation—or retention—of the highly descriptive as well as offensive and lurid file names, along with their organization, not only made them easily searchable by other users but was also relevant to show that he was aware of the illegal nature of his conduct and that the presence of the indicted images on his computer was not accidental. The evidence was relevant to the issues of motive, intent, plan, knowledge, and lack of mistake or accident. We agree with the State that the exhibit had relevance apart from evidence of character-conformity. See Tex.R. Evid. 404(b).

Evidence relevant under Rule 404(b) may nevertheless be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury or by undue delay or needless presentation of *204 cumulative evidence. Tex.R. Evid. 403. "Probative value" refers to the inherent probative force of an item of evidence— that is, how strongly it serves to make more or less probable the existence of a fact of consequence to the litigation—coupled with the proponent's need for that evidence. Gigliobianco v. State, 210 S.W.3d 637, 641 (Tex.Crim.App.2006). "Unfair prejudice" refers to a tendency to suggest a decision on an improper basis, commonly although not necessarily an emotional one. Id. Only unfair prejudice provides the basis for exclusion of relevant evidence. Montgomery, 810 S.W.2d at 389.

The relevant criteria in performing a rule 403 balancing test include (1) the inherent probative force of the proffered item of evidence along with (2) the proponent's need for that evidence, balanced against (3) any tendency of the evidence to suggest conviction on an improper basis, (4) any tendency of the evidence to confuse or distract the jury from the main issues, (5) any tendency of the evidence to be given undue weight by a jury that is not equipped to evaluate the probative force of the evidence, and (6) the likelihood that presentation of the evidence will consume an inordinate amount of time or merely repeat evidence already admitted. Gigliobianco, 210 S.W.3d at 641-42.

We presume that the probative value substantially outweighs the danger of unfair prejudice. Montgomery, 810 S.W.2d at 389. It is therefore the defendant's burden to demonstrate that the danger of unfair prejudice substantially outweighs the probative value. Hinojosa v. State, 995 S.W.2d 955, 958 (Tex.App.-Houston [14th Dist.] 1999, no pet.); Poole v. State, 974 S.W.2d 892, 897 (Tex.App.-Austin 1998, pet. ref'd). It is not incumbent on the trial court to perform the balancing test on the record. Yates v. State, 941 S.W.2d 357, 367 (Tex.App.-Waco 1997, pet. ref'd). In reviewing the trial court's balancing test determination, we are to reverse the trial court's judgment "rarely and only after a clear abuse of discretion." Mozon v. State, 991 S.W.2d 841, 847 (Tex.Crim.App.1999).

As discussed above, the first two factors weigh in favor of admitting the extraneous offense evidence. The evidence was probative to rebut Appellant's defensive theory that he did not intentionally or knowingly possess or promote the indicted images; many of the images listed in the State's exhibit 11, like the indicted images, contain labels including terms such as "teen," "child," and "kiddy" and make it more likely that he was fully aware of the specific nature of the material that he downloaded. The evidence was needed by the State to show that Appellant organized, stored, and shared the downloaded images as described by their titles and that his doing so was not the result of mistake or accident.

The third, fourth, and fifth criteria of the balancing test do not weigh heavily in favor of exclusion. In contrast to the items with which Appellant was charged with possessing and promoting, the exhibit of which he complains consists only of a list of written titles; the corresponding images were never shown to the jury. Hence, the exhibit did not have a definite tendency to suggest a decision on an improper basis, to unduly confuse or distract the jury from the main issues regarding the indicted images, or to invite the jury to give undue weight to that evidence. Moreover, presentation of the evidence did not consume an inordinate amount of time nor merely repeat evidence already admitted.

Appellant complains of the offensive and repulsive nature of the titles shown and points to testimony that some of the titles may have been misleading or incorrect, but he acknowledges that many, if *205 not most, were "real." Moreover, there was evidence that he selected the descriptively-titled files for downloading. Thus, we agree with the State that the exhibit listing the titles was the best and least prejudicial method of rebutting Appellant's defensive theory that he may have downloaded images of child pornography accidentally or shared them without knowledge of their content.

Additionally, we note that the jury charge contains a proper reasonable doubt instruction. The jury was instructed not to consider evidence of Appellant's commission of any crimes, wrongs, or acts other than the offenses alleged in the indictment unless it found such commission beyond a reasonable doubt. We hold that the trial court did not abuse its discretion in admitting the State's exhibit because the probative value of that evidence was not substantially outweighed by the danger of undue prejudice. We overrule Appellant's third point.

VI. Conclusion

Having overruled Appellant's three points, we affirm the trial court's judgment.

NOTES

[1] Sergeant Ried defined "peer-to-peer" in this context as a "computer to computer connection," and as Detective Lawrence later explained, there is "no central location"; rather, a file is "shared amongst all the computers hooked up to the network at that time."

[2] An IP address is a unique 32-bit-long code number that each computer acquires automatically through its Internet access provider for connecting to the Internet. http://www. businessdictionary.com/definition/IP-address. html (last visited June 17, 2009).

[3] Sergeant Ried downloaded three files from Appellant's IP address: one file containing actual sexual intercourse, one file containing actual lewd exhibition of female genitals, and one file containing actual sexual conduct.

[4] Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966); see Tex.Code Crim. Proc. Ann. art. 38.22, § 2 (Vernon 2005).

[5] Officers did not arrest Appellant at the time of the statement; they arrested him four months later in June 2006.

[6] Exhibit 7 was a digital video with the file name "age6-3 (reelkiddymov child abuse underage pre-teen kiddy r@ygold bond age rape molest).mpg." Exhibit 8 was also a video, and its file name was "2_p-e-d-o lolita R@ygold PTHC incest 8 9 10 11 12 yo collection 053(50).jpg." Exhibit 9 was a photograph, and its file name was "6 year old girl_finger in pussy_preteen child underage pedo P-E-D-0 baby incest reelkiddymov(1)(1)(1)(1).jpg."

[7] Also called a "screen shot," a screen capture is a reproduction of the current display on a computer screen, saved as a graphics file. See Dictionary.com, http://dictionary. reference.com/browse/screen&suml;hot (last visited June 17, 2009).

[8] See Leday, 983 S.W.2d at 724 (limiting the doctrine announced in DeGarmo v. State, 691 S.W.2d 657, 661 (Tex.Crim.App.), cert. denied, 474 U.S. 973, 106 S. Ct. 337, 88 L. Ed. 2d 322 (1985), and holding that when an appellant admitted his guilt at punishment, appellate court must determine if appellant asserts fundamental rights or guaranties—which he cannot be estopped from asserting—or whether the truth-finding function prevails to estop him from asserting nonfundamental complaints).

label: Sentence

text: Wenger

text: v

text: State

text: S

text: W

text: d

text: Tex

text: App

text: Court

text: of

text: Appeals

text: of

text: Texas

text: Filed

text: June

text: th

text: Precedential

text: Status

text: Precedential

text: Citations

text: S

text: W

text: d

text: Docket

text: Number

text: CR

text: Author

text: Lee

text: Ann

text: Dauphinot

text: S

text: W

text: d

text: Ruben

text: WENGER

text: V

text: a

text: k

text: a

text: Reuben

text: V

text: Wenger

text: Appellant

text: v

text: The

text: STATE

text: of

text: Texas

text: State

text: No

text: CR

text: Court

text: of

text: Appeals

text: of

text: Texas

text: Fort

text: Worth

text: June

text: Lisa

text: Mullen

text: Fort

text: Worth

text: for

text: Appellant

text: Joe

text: Shannon

text: Jr

text: Criminal

text: District

text: Attorney

text: Charles

text: M

text: Mallin

text: Chief

text: Appellate

text: Division

text: and

text: Debra

text: Ann

text: Windsor

text: Marty

text: Purselley

text: and

text: C

text: Page

text: Simpson

text: Assistant

text: District

text: Attorneys

text: for

text: Tarrant

text: County

text: Fort

text: Worth

text: TX

text: for

text: Appellee

text: Panel

text: DAUPHINOT

text: GARDNER

text: and

text: MEIER

text: JJ

text: OPINION

text: ANNE

text: GARDNER

text: Justice

text: I

text: Introduction

text: Appellant

text: Ruben

text: Wenger

text: appeals

text: his

text: conviction

text: on

text: three

text: counts

text: of

text: promotion

text: of

text: child

text: pornography

text: and

text: four

text: counts

text: of

text: possession

text: of

text: child

text: pornography

text: as

text: alleged

text: in

text: the

text: same

text: indictment

text: Appellant

text: argues

text: that

text: the

text: evidence

text: is

text: legally

text: and

text: factually

text: insufficient

text: to

text: support

text: his

text: conviction

text: on

text: the

text: promotion

text: counts

text: and

text: that

text: the

text: trial

text: court

text: abused

text: its

text: discretion

text: in

text: overruling

text: his

text: hearsay

text: objection

text: and

text: in

text: admitting

text: extraneous

text: offense

text: evidence

text: of

text: possession

text: of

text: child

text: pornography

text: II

text: Factual

text: and

text: procedural

text: background

text: Sergeant

text: Ried

text: an

text: agent

text: with

text: the

text: Attorney

text: General

text: s

text: Cyber

text: Crimes

text: unit

text: testified

text: that

text: on

text: November

text: he

text: used

text: file

text: sharing

text: software

text: called

text: Shareaza

text: to

text: access

text: the

text: Internet

text: through

text: a

text: covert

text: access

text: point

text: in

text: his

text: office

text: in

text: Austin

text: Shareaza

text: is

text: a

text: peer

text: to

text: peer

text: file

text: sharing

text: software

text: that

text: allows

text: a

text: user

text: to

text: search

text: for

text: music

text: movies

text: and

text: image

text: files

text: and

text: download

text: them

text: from

text: other

text: Shareaza

text: users

text: computers

text: A

text: Shareaza

text: user

text: can

text: type

text: exactly

text: what

text: he

text: or

text: she

text: is

text: looking

text: for

text: via

text: search

text: terms

text: and

text: a

text: results

text: list

text: will

text: appear

text: with

text: download

text: links

text: for

text: the

text: user

text: to

text: choose

text: from

text: The

text: software

text: also

text: allows

text: a

text: user

text: to

text: select

text: another

text: user

text: s

text: Internet

text: protocol

text: IP

text: address

text: and

text: browse

text: all

text: files

text: available

text: from

text: that

text: user

text: s

text: collection

text: Downloads

text: from

text: Shareaza

text: are

text: automatically

text: placed

text: in

text: a

text: Shared

text: folder

text: created

text: by

text: the

text: software

text: on

text: the

text: user

text: s

text: computer

text: By

text: default

text: Shareaza

text: automatically

text: shares

text: the

text: items

text: downloaded

text: with

text: other

text: Shareaza

text: users

text: For

text: his

text: investigation

text: Sergeant

text: Ried

text: used

text: a

text: special

text: search

text: term

text: popular

text: in

text: the

text: child

text: pornography

text: community

text: and

text: discovered

text: several

text: results

text: Over

text: Appellant

text: s

text: hearsay

text: objection

text: the

text: trial

text: court

text: allowed

text: Sergeant

text: Ried

text: to

text: testify

text: that

text: he

text: downloaded

text: child

text: pornography

text: files

text: from

text: the

text: IP

text: address

text: assigned

text: to

text: Appellant

text: by

text: his

text: Internet

text: service

text: provider

text: He

text: stated

text: that

text: IP

text: addresses

text: are

text: like

text: telephone

text: numbers

text: assigned

text: to

text: only

text: one

text: person

text: Based

text: on

text: the

text: child

text: pornography

text: Sergeant

text: Ried

text: downloaded

text: from

text: Appellant

text: s

text: IP

text: address

text: he

text: obtained

text: a

text: grand

text: jury

text: subpoena

text: and

text: a

text: search

text: warrant

text: Police

text: executed

text: the

text: warrant

text: on

text: Appellant

text: s

text: residence

text: on

text: February

text: Sergeant

text: Ried

text: retrieved

text: a

text: computer

text: from

text: the

text: residence

text: and

text: took

text: a

text: statement

text: from

text: Appellant

text: s

text: wife

text: During

text: trial

text: the

text: State

text: played

text: an

text: audio

text: recording

text: of

text: a

text: February

text: interview

text: between

text: Sergeant

text: Ried

text: Sergeant

text: Smith

text: and

text: Appellant

text: while

text: they

text: were

text: at

text: the

text: Fort

text: Worth

text: police

text: substation

text: after

text: the

text: warrant

text: was

text: executed

text: Sergeant

text: Ried

text: testified

text: that

text: before

text: taking

text: the

text: statement

text: he

text: read

text: Appellant

text: his

text: Miranda

text: rights

text: and

text: did

text: not

text: make

text: any

text: promises

text: or

text: threats

text: regarding

text: Appellant

text: s

text: making

text: the

text: statement

text: In

text: the

text: recording

text: Sergeant

text: Ried

text: read

text: the

text: Miranda

text: rights

text: told

text: Appellant

text: that

text: he

text: was

text: not

text: under

text: arrest

text: and

text: informed

text: Appellant

text: that

text: he

text: could

text: ask

text: to

text: go

text: home

text: at

text: any

text: time

text: Appellant

text: voluntarily

text: waived

text: his

text: Miranda

text: rights

text: and

text: spoke

text: with

text: the

text: officers

text: After

text: waiving

text: his

text: Miranda

text: rights

text: Appellant

text: confirmed

text: that

text: he

text: was

text: the

text: primary

text: user

text: of

text: both

text: the

text: computer

text: and

text: the

text: installed

text: Shareaza

text: software

text: He

text: claimed

text: that

text: a

text: neighborhood

text: child

text: used

text: the

text: computer

text: occasionally

text: along

text: with

text: his

text: son

text: He

text: stated

text: that

text: he

text: formerly

text: used

text: the

text: file

text: sharing

text: software

text: Kazaa

text: but

text: switched

text: to

text: Shareaza

text: He

text: installed

text: Shareaza

text: and

text: registered

text: his

text: name

text: hometown

text: state

text: and

text: zip

text: code

text: on

text: the

text: software

text: s

text: user

text: information

text: section

text: He

text: registered

text: his

text: user

text: name

text: as

text: C

text: W

text: because

text: his

text: nickname

text: was

text: Chip

text: Wenger

text: Appellant

text: stated

text: initially

text: that

text: he

text: had

text: only

text: movies

text: and

text: straight

text: pornographic

text: images

text: on

text: his

text: computer

text: He

text: denied

text: having

text: child

text: pornography

text: and

text: stated

text: that

text: he

text: did

text: not

text: know

text: how

text: it

text: came

text: to

text: be

text: on

text: his

text: computer

text: unless

text: it

text: was

text: clicked

text: on

text: accidentally

text: He

text: stated

text: that

text: he

text: tried

text: to

text: view

text: everything

text: that

text: gets

text: downloaded

text: Appellant

text: admitted

text: that

text: he

text: had

text: searched

text: for

text: files

text: containing

text: the

text: words

text: young

text: and

text: Lolita

text: but

text: denied

text: having

text: used

text: other

text: search

text: terms

text: associated

text: with

text: child

text: pornography

text: After

text: Sergeant

text: Ried

text: confronted

text: Appellant

text: by

text: informing

text: him

text: that

text: he

text: had

text: personally

text: downloaded

text: child

text: pornography

text: from

text: Appellant

text: s

text: IP

text: address

text: Appellant

text: admitted

text: that

text: the

text: ages

text: of

text: the

text: children

text: in

text: the

text: videos

text: on

text: his

text: computer

text: were

text: very

text: early

text: teens

text: and

text: that

text: the

text: youngest

text: child

text: was

text: probably

text: eight

text: Appellant

text: described

text: the

text: video

text: of

text: the

text: youngest

text: child

text: and

text: said

text: that

text: the

text: video

text: was

text: in

text: his

text: Shared

text: folder

text: He

text: explained

text: that

text: he

text: was

text: curious

text: about

text: the

text: visual

text: material

text: Appellant

text: denied

text: finding

text: the

text: material

text: sexually

text: arousing

text: but

text: compared

text: his

text: viewing

text: of

text: the

text: pornographic

text: images

text: and

text: videos

text: to

text: the

text: Taliban

text: beheading

text: video

text: stating

text: that

text: you

text: d

text: watch

text: it

text: even

text: though

text: you

text: find

text: it

text: disgusting

text: but

text: you

text: are

text: drawn

text: to

text: it

text: He

text: admitted

text: he

text: knew

text: it

text: was

text: illegal

text: When

text: asked

text: if

text: he

text: knew

text: how

text: many

text: times

text: he

text: had

text: allowed

text: people

text: to

text: upload

text: those

text: videos

text: of

text: child

text: pornography

text: from

text: his

text: computer

text: Appellant

text: replied

text: that

text: he

text: had

text: no

text: idea

text: When

text: asked

text: if

text: he

text: was

text: aware

text: that

text: it

text: was

text: possible

text: for

text: people

text: to

text: upload

text: his

text: files

text: Appellant

text: stated

text: I

text: m

text: assuming

text: that

text: it

text: is

text: but

text: I

text: think

text: it

text: says

text: that

text: it

text: is

text: that

text: s

text: part

text: of

text: Shareaza

text: is

text: that

text: that

text: s

text: your

text: way

text: to

text: use

text: it

text: is

text: that

text: people

text: pull

text: files

text: from

text: members

text: Appellant

text: then

text: claimed

text: that

text: he

text: did

text: not

text: know

text: how

text: to

text: not

text: share

text: and

text: share

text: and

text: separate

text: those

text: items

text: out

text: He

text: ultimately

text: admitted

text: that

text: there

text: were

text: probably

text: videos

text: of

text: child

text: pornography

text: on

text: his

text: computer

text: Appellant

text: described

text: some

text: files

text: as

text: located

text: in

text: folders

text: that

text: had

text: titles

text: such

text: as

text: extreme

text: amateur

text: group

text: toy

text: and

text: young

text: He

text: explained

text: that

text: after

text: he

text: obtained

text: the

text: files

text: from

text: Shareaza

text: he

text: would

text: create

text: subfolders

text: and

text: move

text: the

text: files

text: The

text: State

text: offered

text: into

text: evidence

text: the

text: files

text: that

text: Sergeant

text: Ried

text: downloaded

text: from

text: Appellant

text: s

text: IP

text: address

text: during

text: his

text: November

text: investigation

text: Sergeant

text: Ried

text: stated

text: that

text: the

text: files

text: included

text: both

text: videos

text: and

text: photo

text: images

text: of

text: children

text: under

text: eighteen

text: including

text: the

text: children

text: s

text: genitalia

text: and

text: children

text: engaging

text: in

text: sexual

text: activity

text: He

text: testified

text: that

text: one

text: can

text: preview

text: partially

text: downloaded

text: files

text: on

text: Shareaza

text: While

text: Sergeant

text: Ried

text: testified

text: about

text: the

text: steps

text: of

text: his

text: investigative

text: process

text: on

text: November

text: the

text: State

text: offered

text: into

text: evidence

text: an

text: exhibit

text: of

text: Shareaza

text: screen

text: captures

text: that

text: showed

text: a

text: folder

text: on

text: a

text: computer

text: at

text: Appellant

text: s

text: IP

text: address

text: with

text: a

text: list

text: of

text: labeled

text: subfolders

text: and

text: files

text: that

text: included

text: file

text: names

text: graphically

text: describing

text: both

text: adult

text: and

text: child

text: pornography

text: After

text: a

text: rule

text: objection

text: and

text: lengthy

text: voir

text: dire

text: the

text: trial

text: court

text: overruled

text: the

text: objection

text: and

text: admitted

text: the

text: screen

text: captures

text: into

text: evidence

text: The

text: trial

text: court

text: gave

text: Appellant

text: a

text: running

text: objection

text: to

text: that

text: evidence

text: Detective

text: Lawrence

text: testified

text: that

text: he

text: worked

text: in

text: the

text: Computer

text: Crime

text: Detail

text: of

text: the

text: Major

text: Crimes

text: section

text: of

text: the

text: Fort

text: Worth

text: Police

text: Department

text: where

text: he

text: investigated

text: computer

text: crimes

text: and

text: conducted

text: computer

text: forensics

text: He

text: conducted

text: a

text: forensic

text: examination

text: on

text: Appellant

text: s

text: computer

text: after

text: it

text: was

text: seized

text: He

text: located

text: the

text: images

text: alleged

text: in

text: the

text: indictment

text: on

text: Appellant

text: s

text: computer

text: and

text: testified

text: that

text: in

text: his

text: opinion

text: those

text: images

text: constituted

text: child

text: pornography

text: Detective

text: Lawrence

text: explained

text: that

text: Appellant

text: had

text: stored

text: his

text: pornography

text: under

text: the

text: My

text: Documents

text: folder

text: of

text: a

text: second

text: hard

text: drive

text: D

text: He

text: stated

text: that

text: the

text: terms

text: used

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text: available

text: of

text: child

text: pornography

text: through

text: peer

text: to

text: peer

text: file

text: sharing

text: software

text: to

text: a

text: self

text: serve

text: gas

text: station

text: See

text: Shaffer

text: F

text: d

text: at

text: At

text: a

text: self

text: serve

text: station

text: while

text: there

text: may

text: be

text: a

text: roadside

text: sign

text: directing

text: motorists

text: to

text: fill

text: up

text: their

text: own

text: tanks

text: and

text: the

text: owner

text: or

text: attendants

text: may

text: not

text: be

text: present

text: at

text: the

text: station

text: there

text: is

text: no

text: doubt

text: that

text: the

text: owner

text: is

text: in

text: the

text: business

text: of

text: distributing

text: transferring

text: or

text: dispersing

text: gasoline

text: Id

text: at

text: Much

text: like

text: the

text: gas

text: station

text: owner

text: the

text: defendant

text: in

text: Shaffer

text: welcomed

text: people

text: to

text: his

text: computer

text: and

text: was

text: happy

text: to

text: let

text: them

text: take

text: child

text: pornography

text: from

text: it

text: Id

text: at

text: Thus

text: just

text: as

text: the

text: owner

text: of

text: a

text: self

text: serve

text: gas

text: station

text: distributes

text: gasoline

text: one

text: who

text: shares

text: files

text: on

text: a

text: peer

text: to

text: peer

text: network

text: distributes

text: those

text: files

text: See

text: id

text: Shaffer

text: and

text: the

text: other

text: cases

text: cited

text: above

text: analyzed

text: the

text: term

text: distribution

text: but

text: in

text: the

text: context

text: of

text: peer

text: to

text: peer

text: file

text: sharing

text: there

text: is

text: no

text: significant

text: difference

text: between

text: distribution

text: and

text: dissemination

text: Distribute

text: means

text: among

text: other

text: things

text: to

text: spread

text: out

text: to

text: scatter

text: to

text: give

text: or

text: deliver

text: especially

text: to

text: members

text: of

text: a

text: group

text: Webster

text: s

text: Ninth

text: New

text: Collegiate

text: Dictionary

text: Dissemination

text: means

text: to

text: spread

text: to

text: disperse

text: throughout

text: Id

text: at

text: Because

text: the

text: terms

text: distribute

text: and

text: dissemination

text: have

text: similar

text: meanings

text: the

text: cases

text: holding

text: that

text: peer

text: to

text: peer

text: file

text: sharing

text: is

text: distribution

text: persuasively

text: answer

text: the

text: question

text: of

text: whether

text: the

text: same

text: activity

text: constitutes

text: dissemination

text: Mindful

text: that

text: penal

text: code

text: section

text: a

text: defines

text: promote

text: to

text: mean

text: both

text: distribute

text: and

text: disseminate

text: we

text: hold

text: that

text: making

text: digital

text: files

text: available

text: to

text: others

text: through

text: peer

text: to

text: peer

text: file

text: sharing

text: software

text: like

text: Shareaza

text: is

text: dissemination

text: within

text: the

text: meaning

text: of

text: section

text: a

text: The

text: jury

text: heard

text: ample

text: evidence

text: regarding

text: Appellant

text: s

text: dissemination

text: of

text: the

text: child

text: pornography

text: files

text: to

text: Sergeant

text: Ried

text: on

text: November

text: Sergeant

text: Ried

text: and

text: Detective

text: Lawrence

text: both

text: testified

text: about

text: how

text: their

text: investigations

text: resulted

text: in

text: finding

text: child

text: pornography

text: files

text: stored

text: in

text: subfolders

text: within

text: Appellant

text: s

text: Shared

text: folder

text: on

text: his

text: computer

text: Sergeant

text: Ried

text: explained

text: his

text: process

text: of

text: searching

text: for

text: child

text: pornography

text: on

text: Shareaza

text: and

text: described

text: how

text: he

text: retrieved

text: the

text: indicted

text: files

text: from

text: Appellant

text: s

text: computer

text: by

text: downloading

text: them

text: to

text: his

text: computer

text: in

text: Austin

text: Detective

text: Lawrence

text: confirmed

text: that

text: in

text: February

text: his

text: forensic

text: investigation

text: revealed

text: that

text: Appellant

text: s

text: seized

text: computer

text: contained

text: the

text: same

text: files

text: and

text: user

text: created

text: subfolders

text: discovered

text: by

text: Sergeant

text: Ried

text: s

text: November

text: investigation

text: Thus

text: the

text: evidence

text: was

text: legally

text: and

text: factually

text: sufficient

text: to

text: prove

text: that

text: Appellant

text: actually

text: disseminated

text: child

text: pornography

text: See

text: Sewell

text: F

text: d

text: at

text: Carani

text: F

text: d

text: at

text: Shaffer

text: F

text: d

text: at

text: Intentional

text: or

text: knowing

text: dissemination

text: Next

text: Appellant

text: argues

text: that

text: there

text: was

text: insufficient

text: evidence

text: to

text: prove

text: he

text: intentionally

text: or

text: knowingly

text: disseminated

text: the

text: files

text: in

text: question

text: Appellant

text: highlights

text: the

text: testimony

text: that

text: under

text: Shareaza

text: s

text: default

text: settings

text: the

text: program

text: will

text: share

text: a

text: user

text: s

text: downloaded

text: files

text: automatically

text: Although

text: Detective

text: Lawrence

text: testified

text: that

text: Appellant

text: had

text: changed

text: the

text: default

text: settings

text: sometime

text: before

text: the

text: State

text: seized

text: his

text: computer

text: so

text: that

text: Appellant

text: had

text: to

text: manually

text: move

text: downloaded

text: files

text: from

text: the

text: downloads

text: folder

text: to

text: the

text: Shared

text: folder

text: before

text: Shareaza

text: would

text: share

text: them

text: with

text: other

text: users

text: he

text: was

text: unable

text: to

text: testify

text: that

text: Appellant

text: had

text: so

text: modified

text: the

text: default

text: settings

text: before

text: Detective

text: Ried

text: downloaded

text: the

text: indicted

text: files

text: from

text: Appellant

text: s

text: computer

text: three

text: months

text: earlier

text: And

text: State

text: s

text: Exhibit

text: the

text: screen

text: captures

text: Detective

text: Ried

text: made

text: when

text: he

text: downloaded

text: the

text: files

text: indicates

text: that

text: Appellant

text: s

text: shared

text: files

text: were

text: in

text: the

text: default

text: downloads

text: folder

text: not

text: a

text: separate

text: Shared

text: folder

text: Thus

text: argues

text: Appellant

text: there

text: is

text: no

text: evidence

text: that

text: he

text: intentionally

text: or

text: knowingly

text: disseminated

text: child

text: pornography

text: because

text: Shareaza

text: automatically

text: shared

text: his

text: downloaded

text: files

text: with

text: other

text: users

text: including

text: Detective

text: Ried

text: But

text: other

text: evidence

text: tends

text: to

text: show

text: that

text: Appellant

text: intentionally

text: or

text: knowingly

text: shared

text: his

text: downloaded

text: files

text: Most

text: significantly

text: in

text: his

text: recorded

text: interview

text: Appellant

text: admitted

text: that

text: he

text: knew

text: Shareaza

text: shared

text: his

text: files

text: he

text: said

text: that

text: he

text: assumed

text: users

text: downloaded

text: files

text: from

text: him

text: and

text: that

text: the

text: purpose

text: of

text: Shareaza

text: was

text: to

text: allow

text: users

text: like

text: Detective

text: Ried

text: to

text: pull

text: files

text: from

text: members

text: like

text: Appellant

text: Although

text: Appellant

text: claimed

text: in

text: the

text: interview

text: that

text: he

text: did

text: not

text: know

text: how

text: to

text: not

text: share

text: and

text: share

text: and

text: separate

text: those

text: items

text: out

text: Detective

text: Lawrence

text: s

text: testimony

text: shows

text: that

text: Appellant

text: did

text: at

text: some

text: point

text: before

text: the

text: State

text: seized

text: his

text: computer

text: and

text: before

text: the

text: interview

text: change

text: the

text: default

text: Shareaza

text: settings

text: so

text: that

text: the

text: program

text: did

text: not

text: automatically

text: share

text: Appellant

text: s

text: downloaded

text: files

text: This

text: shows

text: that

text: contrary

text: to

text: his

text: claim

text: in

text: the

text: recorded

text: interview

text: Appellant

text: did

text: know

text: how

text: to

text: not

text: share

text: and

text: share

text: files

text: Detective

text: Lawrence

text: also

text: explained

text: why

text: a

text: Shareaza

text: user

text: like

text: Appellant

text: might

text: want

text: to

text: share

text: files

text: namely

text: because

text: Shareaza

text: rewards

text: a

text: user

text: for

text: allowing

text: others

text: to

text: download

text: files

text: from

text: his

text: computers

text: T

text: he

text: more

text: files

text: you

text: share

text: the

text: faster

text: you

text: can

text: download

text: other

text: files

text: A

text: jury

text: could

text: reasonably

text: infer

text: from

text: this

text: evidence

text: that

text: Appellant

text: knew

text: Shareaza

text: was

text: sharing

text: his

text: downloaded

text: files

text: and

text: knew

text: how

text: to

text: prevent

text: Shareaza

text: from

text: sharing

text: his

text: downloaded

text: files

text: Thus

text: the

text: evidence

text: is

text: legally

text: and

text: factually

text: sufficient

text: to

text: show

text: that

text: Appellant

text: intentionally

text: or

text: knowingly

text: disseminated

text: the

text: indicted

text: files

text: despite

text: his

text: argument

text: that

text: Shareaza

text: shared

text: the

text: files

text: automatically

text: and

text: without

text: his

text: knowledge

text: or

text: intent

text: Knowledge

text: of

text: the

text: actual

text: content

text: of

text: files

text: Finally

text: Appellant

text: argues

text: that

text: the

text: evidence

text: is

text: insufficient

text: to

text: show

text: that

text: he

text: knew

text: the

text: files

text: in

text: question

text: contained

text: child

text: pornography

text: when

text: Sergeant

text: Ried

text: downloaded

text: them

text: There

text: is

text: no

text: direct

text: evidence

text: that

text: Appellant

text: viewed

text: the

text: files

text: in

text: question

text: before

text: Sergeant

text: Ried

text: downloaded

text: them

text: from

text: Appellant

text: s

text: computer

text: both

text: Sergeant

text: Ried

text: and

text: Detective

text: Lawrence

text: admitted

text: that

text: they

text: had

text: no

text: such

text: proof

text: But

text: Appellant

text: said

text: in

text: his

text: recorded

text: interview

text: that

text: he

text: tried

text: to

text: view

text: everything

text: he

text: downloaded

text: Sergeant

text: Ried

text: testified

text: that

text: Shareaza

text: allows

text: a

text: user

text: to

text: preview

text: files

text: even

text: before

text: the

text: download

text: is

text: complete

text: Appellant

text: admitted

text: that

text: he

text: searched

text: for

text: and

text: downloaded

text: child

text: pornography

text: by

text: inputting

text: search

text: terms

text: like

text: young

text: and

text: Lolita

text: he

text: denied

text: that

text: Lolita

text: yielded

text: any

text: matches

text: but

text: one

text: of

text: the

text: indicted

text: images

text: has

text: the

text: term

text: Lolita

text: in

text: its

text: file

text: name

text: He

text: manually

text: organized

text: his

text: child

text: pornography

text: collection

text: in

text: folders

text: with

text: names

text: like

text: young

text: It

text: appears

text: from

text: State

text: s

text: Exhibit

text: that

text: the

text: young

text: folder

text: existed

text: on

text: Appellant

text: s

text: computer

text: when

text: Sergeant

text: Ried

text: downloaded

text: the

text: indicted

text: files

text: and

text: Detective

text: Lawrence

text: testified

text: that

text: he

text: found

text: those

text: same

text: files

text: in

text: the

text: young

text: folder

text: on

text: Appellant

text: s

text: computer

text: Most

text: telling

text: are

text: the

text: explicitly

text: descriptive

text: names

text: of

text: the

text: indicted

text: files

text: themselves

text: which

text: included

text: the

text: terms

text: age

text: kiddy

text: child

text: abuse

text: underage

text: rape

text: molest

text: p

text: e

text: d

text: o

text: Lolita

text: PTHC

text: Pre

text: Teen

text: Hard

text: Core

text: yo

text: year

text: old

text: and

text: baby

text: incest

text: Detective

text: Lawrence

text: testified

text: that

text: he

text: knew

text: what

text: the

text: files

text: depicted

text: from

text: the

text: file

text: names

text: alone

text: before

text: he

text: viewed

text: them

text: There

text: was

text: testimony

text: that

text: descriptive

text: file

text: names

text: can

text: be

text: inaccurate

text: or

text: misleading

text: but

text: in

text: his

text: recorded

text: interview

text: Appellant

text: volunteered

text: that

text: sometimes

text: the

text: names

text: are

text: accurate

text: I

text: t

text: says

text: young

text: teens

text: and

text: you

text: pull

text: it

text: up

text: and

text: it

text: s

text: a

text: year

text: old

text: woman

text: but

text: some

text: of

text: the

text: stuff

text: does

text: come

text: up

text: that

text: is

text: real

text: The

text: record

text: shows

text: that

text: the

text: descriptive

text: file

text: names

text: of

text: the

text: indicted

text: files

text: were

text: indeed

text: accurate

text: Finally

text: the

text: record

text: shows

text: that

text: Appellant

text: deliberately

text: selected

text: the

text: descriptively

text: named

text: files

text: for

text: downloading

text: as

text: Detective

text: Ried

text: explained

text: Shareaza

text: does

text: not

text: randomly

text: download

text: files

text: From

text: Appellant

text: s

text: admission

text: that

text: he

text: tried

text: to

text: view

text: everything

text: he

text: downloaded

text: from

text: the

text: fact

text: that

text: he

text: organized

text: the

text: indicted

text: files

text: in

text: a

text: folder

text: labeled

text: young

text: and

text: from

text: the

text: descriptive

text: names

text: of

text: the

text: files

text: a

text: jury

text: could

text: reasonably

text: infer

text: that

text: Appellant

text: knew

text: the

text: indicted

text: files

text: depicted

text: child

text: pornography

text: when

text: he

text: disseminated

text: them

text: to

text: Sergeant

text: Ried

text: despite

text: the

text: lack

text: of

text: direct

text: evidence

text: that

text: Appellant

text: actually

text: viewed

text: the

text: files

text: contents

text: before

text: that

text: date

text: e

text: Conclusion

text: Viewing

text: the

text: evidence

text: in

text: a

text: light

text: most

text: favorable

text: to

text: the

text: prosecution

text: a

text: rational

text: jury

text: could

text: have

text: determined

text: beyond

text: a

text: reasonable

text: doubt

text: that

text: Appellant

text: actually

text: disseminated

text: the

text: images

text: that

text: he

text: acted

text: intentionally

text: and

text: knowingly

text: and

text: that

text: he

text: knew

text: that

text: the

text: computer

text: images

text: in

text: question

text: depicted

text: children

text: under

text: years

text: of

text: age

text: engaging

text: in

text: sexual

text: conduct

text: We

text: hold

text: that

text: the

text: evidence

text: is

text: legally

text: sufficient

text: to

text: support

text: the

text: jury

text: s

text: verdict

text: See

text: Jackson

text: U

text: S

text: at

text: S

text: Ct

text: at

text: Clayton

text: S

text: W

text: d

text: at

text: Viewing

text: the

text: evidence

text: in

text: a

text: neutral

text: light

text: we

text: cannot

text: say

text: that

text: the

text: evidence

text: is

text: so

text: weak

text: that

text: the

text: jury

text: s

text: determination

text: that

text: Appellant

text: intentionally

text: or

text: knowingly

text: disseminated

text: child

text: pornography

text: is

text: clearly

text: wrong

text: or

text: manifestly

text: unjust

text: We

text: also

text: cannot

text: say

text: that

text: conflicting

text: evidence

text: greatly

text: outweighs

text: evidence

text: supporting

text: conviction

text: so

text: that

text: the

text: jury

text: s

text: determination

text: is

text: manifestly

text: unjust

text: See

text: Lancon

text: S

text: W

text: d

text: at

text: Watson

text: S

text: W

text: d

text: at

text: We

text: therefore

text: hold

text: that

text: the

text: evidence

text: is

text: factually

text: sufficient

text: to

text: support

text: the

text: jury

text: s

text: verdict

text: and

text: we

text: overrule

text: Appellant

text: s

text: first

text: point

text: IV

text: Admission

text: of

text: hearsay

text: testimony

text: In

text: his

text: second

text: point

text: Appellant

text: argues

text: that

text: the

text: testimony

text: identifying

text: his

text: IP

text: address

text: and

text: Internet

text: service

text: provider

text: constituted

text: hearsay

text: and

text: should

text: not

text: have

text: been

text: admitted

text: because

text: it

text: was

text: an

text: out

text: of

text: court

text: computer

text: stored

text: statement

text: offered

text: for

text: the

text: truth

text: of

text: the

text: matter

text: asserted

text: Appellant

text: objected

text: to

text: Sergeant

text: Ried

text: s

text: initial

text: statements

text: regarding

text: the

text: IP

text: address

text: but

text: did

text: not

text: obtain

text: a

text: running

text: objection

text: Further

text: toward

text: the

text: end

text: of

text: Sergeant

text: Ried

text: s

text: testimony

text: and

text: when

text: Detective

text: Lawrence

text: testified

text: Appellant

text: did

text: not

text: object

text: when

text: the

text: State

text: elicited

text: additional

text: IP

text: address

text: testimony

text: Sergeant

text: Ried

text: confirmed

text: without

text: objection

text: the

text: existence

text: of

text: the

text: IP

text: address

text: when

text: describing

text: Exhibit

text: and

text: testified

text: that

text: the

text: address

text: was

text: assigned

text: to

text: Appellant

text: Detective

text: Lawrence

text: recited

text: the

text: numbers

text: in

text: the

text: IP

text: address

text: without

text: any

text: objection

text: and

text: stated

text: that

text: it

text: came

text: from

text: Appellant

text: s

text: computer

text: and

text: matched

text: the

text: submitted

text: IP

text: address

text: from

text: the

text: Attorney

text: General

text: s

text: office

text: To

text: preserve

text: a

text: complaint

text: for

text: our

text: review

text: a

text: party

text: must

text: have

text: presented

text: to

text: the

text: trial

text: court

text: a

text: timely

text: request

text: objection

text: or

text: motion

text: that

text: states

text: the

text: specific

text: grounds

text: for

text: the

text: desired

text: ruling

text: if

text: they

text: are

text: not

text: apparent

text: from

text: the

text: context

text: of

text: the

text: request

text: objection

text: or

text: motion

text: Tex

text: R

text: App

text: P

text: a

text: Mosley

text: v

text: State

text: S

text: W

text: d

text: Tex

text: Crim

text: App

text: op

text: on

text: reh

text: g

text: cert

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text: party

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text: continue

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text: time

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text: objectionable

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text: Fuentes

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text: erroneous

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text: ruling

text: Leday

text: v

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text: Tex

text: Crim

text: App

text: Johnson

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text: S

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text: Ct

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text: overruled

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text: other

text: grounds

text: by

text: Heitman

text: v

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text: Tex

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text: rule

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text: Appellant

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text: Rankin

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text: defensive

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text: downloaded

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text: his

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text: must

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text: accidental

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text: that

text: it

text: may

text: have

text: been

text: shared

text: with

text: others

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text: he

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text: the

text: content

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text: without

text: his

text: knowledge

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text: cross

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text: Sergeant

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text: Appellant

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text: impression

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text: he

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text: only

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text: file

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text: file

text: could

text: have

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text: downloaded

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text: others

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text: shared

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text: he

text: became

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text: of

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text: The

text: State

text: s

text: exhibit

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text: an

text: extensive

text: list

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text: subfolders

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text: file

text: names

text: tended

text: to

text: show

text: that

text: Appellant

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text: experienced

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text: for

text: both

text: child

text: and

text: adult

text: pornography

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text: he

text: had

text: numerous

text: files

text: of

text: both

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text: available

text: for

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text: that

text: he

text: organized

text: his

text: pornography

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text: by

text: type

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text: image

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text: a

text: special

text: subfolder

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text: His

text: creation

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text: retention

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text: the

text: highly

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text: offensive

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text: lurid

text: file

text: names

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text: organization

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text: easily

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text: was

text: also

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text: show

text: that

text: he

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text: illegal

text: nature

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text: presence

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text: indicted

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text: his

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text: was

text: not

text: accidental

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text: evidence

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text: the

text: issues

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text: motive

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text: mistake

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text: agree

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text: the

text: State

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text: exhibit

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text: Tex

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text: its

text: probative

text: value

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text: substantially

text: outweighed

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text: the

text: danger

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text: unfair

text: prejudice

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text: issues

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text: misleading

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text: jury

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text: by

text: undue

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text: litigation

text: coupled

text: with

text: the

text: proponent

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text: need

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text: evidence

text: Gigliobianco

text: v

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text: Unfair

text: prejudice

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text: a

text: tendency

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text: decision

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text: an

text: improper

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text: necessarily

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text: Only

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text: Gigliobianco

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text: Hinojosa

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text: Appellant

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text: described

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text: their

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text: that

text: his

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text: not

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text: result

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text: accident

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text: third

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text: fifth

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text: with

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text: the

text: exhibit

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text: he

text: complains

text: consists

text: only

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text: a

text: list

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text: written

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text: images

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text: never

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text: jury

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text: the

text: exhibit

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text: not

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text: a

text: definite

text: tendency

text: to

text: suggest

text: a

text: decision

text: on

text: an

text: improper

text: basis

text: to

text: unduly

text: confuse

text: or

text: distract

text: the

text: jury

text: from

text: the

text: main

text: issues

text: regarding

text: the

text: indicted

text: images

text: or

text: to

text: invite

text: the

text: jury

text: to

text: give

text: undue

text: weight

text: to

text: that

text: evidence

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text: presentation

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text: the

text: evidence

text: did

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text: an

text: inordinate

text: amount

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text: time

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text: merely

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text: evidence

text: already

text: admitted

text: Appellant

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text: repulsive

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text: the

text: titles

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text: points

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text: titles

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text: been

text: misleading

text: or

text: incorrect

text: but

text: he

text: acknowledges

text: that

text: many

text: if

text: not

text: most

text: were

text: real

text: Moreover

text: there

text: was

text: evidence

text: that

text: he

text: selected

text: the

text: descriptively

text: titled

text: files

text: for

text: downloading

text: Thus

text: we

text: agree

text: with

text: the

text: State

text: that

text: the

text: exhibit

text: listing

text: the

text: titles

text: was

text: the

text: best

text: and

text: least

text: prejudicial

text: method

text: of

text: rebutting

text: Appellant

text: s

text: defensive

text: theory

text: that

text: he

text: may

text: have

text: downloaded

text: images

text: of

text: child

text: pornography

text: accidentally

text: or

text: shared

text: them

text: without

text: knowledge

text: of

text: their

text: content

text: Additionally

text: we

text: note

text: that

text: the

text: jury

text: charge

text: contains

text: a

text: proper

text: reasonable

text: doubt

text: instruction

text: The

text: jury

text: was

text: instructed

text: not

text: to

text: consider

text: evidence

text: of

text: Appellant

text: s

text: commission

text: of

text: any

text: crimes

text: wrongs

text: or

text: acts

text: other

text: than

text: the

text: offenses

text: alleged

text: in

text: the

text: indictment

text: unless

text: it

text: found

text: such

text: commission

text: beyond

text: a

text: reasonable

text: doubt

text: We

text: hold

text: that

text: the

text: trial

text: court

text: did

text: not

text: abuse

text: its

text: discretion

text: in

text: admitting

text: the

text: State

text: s

text: exhibit

text: because

text: the

text: probative

text: value

text: of

text: that

text: evidence

text: was

text: not

text: substantially

text: outweighed

text: by

text: the

text: danger

text: of

text: undue

text: prejudice

text: We

text: overrule

text: Appellant

text: s

text: third

text: point

text: VI

text: Conclusion

text: Having

text: overruled

text: Appellant

text: s

text: three

text: points

text: we

text: affirm

text: the

text: trial

text: court

text: s

text: judgment

text: NOTES

text: Sergeant

text: Ried

text: defined

text: peer

text: to

text: peer

text: in

text: this

text: context

text: as

text: a

text: computer

text: to

text: computer

text: connection

text: and

text: as

text: Detective

text: Lawrence

text: later

text: explained

text: there

text: is

text: no

text: central

text: location

text: rather

text: a

text: file

text: is

text: shared

text: amongst

text: all

text: the

text: computers

text: hooked

text: up

text: to

text: the

text: network

text: at

text: that

text: time

text: An

text: IP

text: address

text: is

text: a

text: unique

text: bit

text: long

text: code

text: number

text: that

text: each

text: computer

text: acquires

text: automatically

text: through

text: its

text: Internet

text: access

text: provider

text: for

text: connecting

text: to

text: the

text: Internet

text: http

text: www

text: businessdictionary

text: com

text: definition

text: IP

text: address

text: html

text: last

text: visited

text: June

text: Sergeant

text: Ried

text: downloaded

text: three

text: files

text: from

text: Appellant

text: s

text: IP

text: address

text: one

text: file

text: containing

text: actual

text: sexual

text: intercourse

text: one

text: file

text: containing

text: actual

text: lewd

text: exhibition

text: of

text: female

text: genitals

text: and

text: one

text: file

text: containing

text: actual

text: sexual

text: conduct

text: Miranda

text: v

text: Arizona

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: see

text: Tex

text: Code

text: Crim

text: Proc

text: Ann

text: art

text: Vernon

text: Officers

text: did

text: not

text: arrest

text: Appellant

text: at

text: the

text: time

text: of

text: the

text: statement

text: they

text: arrested

text: him

text: four

text: months

text: later

text: in

text: June

text: Exhibit

text: was

text: a

text: digital

text: video

text: with

text: the

text: file

text: name

text: age

text: reelkiddymov

text: child

text: abuse

text: underage

text: pre

text: teen

text: kiddy

text: r

text: ygold

text: bond

text: age

text: rape

text: molest

text: mpg

text: Exhibit

text: was

text: also

text: a

text: video

text: and

text: its

text: file

text: name

text: was

text: p

text: e

text: d

text: o

text: lolita

text: R

text: ygold

text: PTHC

text: incest

text: yo

text: collection

text: jpg

text: Exhibit

text: was

text: a

text: photograph

text: and

text: its

text: file

text: name

text: was

text: year

text: old

text: girl

text: finger

text: in

text: pussy

text: preteen

text: child

text: underage

text: pedo

text: P

text: E

text: D

text: baby

text: incest

text: reelkiddymov

text: jpg

text: Also

text: called

text: a

text: screen

text: shot

text: a

text: screen

text: capture

text: is

text: a

text: reproduction

text: of

text: the

text: current

text: display

text: on

text: a

text: computer

text: screen

text: saved

text: as

text: a

text: graphics

text: file

text: See

text: Dictionary

text: com

text: http

text: dictionary

text: reference

text: com

text: browse

text: screen

text: suml

text: hot

text: last

text: visited

text: June

text: See

text: Leday

text: S

text: W

text: d

text: at

text: limiting

text: the

text: doctrine

text: announced

text: in

text: DeGarmo

text: v

text: State

text: S

text: W

text: d

text: Tex

text: Crim

text: App

text: cert

text: denied

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: and

text: holding

text: that

text: when

text: an

text: appellant

text: admitted

text: his

text: guilt

text: at

text: punishment

text: appellate

text: court

text: must

text: determine

text: if

text: appellant

text: asserts

text: fundamental

text: rights

text: or

text: guaranties

text: which

text: he

text: cannot

text: be

text: estopped

text: from

text: asserting

text: or

text: whether

text: the

text: truth

text: finding

text: function

text: prevails

text: to

text: estop

text: him

text: from

text: asserting

text: nonfundamental

text: complaints