The Second Court of Appeals in Fort Worth confirmed the conviction of Bobby Fitzgerald Lewis, 39, of Wichita Falls, on two counts of continuous sexual abuse of a young child and one count of aggravated sexual assault.
The court made its decision March 15. District Attorney Jack McGaughey was notified of the decision on Friday.
A Clay County Jury convicted Lewis on March 17, 2011. He received prison sentences of 40 years for the first charge of continuous sexual abuse, 30 years for the second charge and 10 years for the charge of aggravated sexual assault. District Judge Roger Towery set Lewis’s sentences to run consecutively. He will not be eligible for parole until 2051.
Lewis’ victims were ages 12 and 13 when the offenses took place, between November 2008 and December 2009. The girls knew the offender. The assaults took place at his residence in northwest Clay County.
According to court records, Lewis argued before the appellate court that statements made by the victims in a videotaped interview by CPS investigator Patricia Alford were deceptive, and entered into evidence by error. Lewis also argued that his defense attorney was ineffective because the lawyer did not object when the prosecutor asked Alford’s opinion of allegations made during the interview.
Lewis argued that he was not given due process because of the district court’s ruling to admit the interview into evidence and because of his attorney’s action.
The appellate court found that the first allegation did not affect the outcome of the trial and overruled Lewis’ second and third arguments.
Taking the stand prior to sentencing, Lewis told jurors that he was the “perfect” sexual predator, and that he should be used to teach others about sex offenders.