

This DVD, entirely in French with no English subtitles, is labeled “100 percent genuine, fully-legal nudist documentary, Miss Jr.

A DVD titled “Nudist HDV” was later discovered in his office. Facts Following an investigation into allegations that Appellant was sexually abusing his daughter, Appellant was arrested. We reverse the judgment of the court of appeals. We hold that the video ROMO–2 constitutes child pornography because the jury could rationally conclude beyond a reasonable doubt that the video contained a lewd exhibition of child genitalia. But the court of appeals focused too heavily on the lack of sexual activity in the video and neglected to consider the video holistically. The court of appeals concluded that the evidence was legally insufficient to support Appellant’s conviction. The issue before us is whether the video is child pornography. For his possession of a video that represented itself as a French nudist documentary, Appellant was convicted of possession of child pornography.

THE STATE OF TEXAS ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE FOURTH COURT OF APPEALS WEBB COUNTY KELLER, P.J., delivered the opinion of the Court in which HERVEY, RICHARDSON, YEARY, KEEL, SLAUGHTER AND MCCLURE, JJ., joined. PD-0456-21 CARLOS ROMO, JR., Appellant v. IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO.
