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RUBIO v. STATE

No. 58370.

607 S.W.2d 498 (1980)

Carlos Rene RUBIO, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied November 26, 1980.

Attorney(s) appearing for the Case

Randy Schaffer, Houston, on appeal only, for appellant.

Carol S. Vance, Dist. Atty. & Calvin A. Hartmann & Jim Moseley, Asst. Dist. Attys., Houston; Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for aggravated rape. V.T.C.A. Penal Code, Sec. 21.03. After finding appellant guilty the jury assessed punishment at 99 years.

The prosecutrix testified that in the early morning hours of February 22, 1975, she was alone in her car traveling on the Gulf Freeway in Houston. Appellant was driving a truck in the next lane and began honking at her. She was startled and drove over the curb...

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