led to Dean’s murder. Although no copy of the actual conviction and judgment appears in this record, Barton produced evidence of an investigative report that states that, in September 1993, Love was convicted of a felony offense of “dealing cocaine” in Indiana, and served one year in jail. Deposition testimony also indicates that a report exists that, nine years later, Love was convicted of felony nonpayment of child support in Texas, in November 2002, the week before he applied for a managerial position at Whata-burger. Whataburger performed a background check on Love before hiring him, but only searched for criminal convictions in Harris County that occurred between November 1995 and November 2002. The search did not reveal either of the two felony convictions. Ba 34, 737 (Tex.1998) (<HOLDING>), and Deerings W. Nursing Ctr. v. Scott, 787
holding that employees deferred adjudication for indecency with child could make sexual assault of customer foreseeable when sales were made in customers homes holding that indecency with a child by contact is lesserincluded offense of aggravated sexual assault of a child because even though the latter offense did not include intent as an express element lascivious intent was implicitly included holding that employees failure to comply with requirement in peace officer manual and his reprimand for using profanity to member of public did not make his assault of customer foreseeable holding that employees convictions for burglary possession of controlled substance public intoxication possession of marijuana unlawful carrying of weapon and evading arrest did not make his sexual assault of child foreseeable holding that no apprendi violation shown when trial court cumulated sentences for aggravated sexual assault and indecency with a child when appellant did not dispute that sentence for each count was within statutory range