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COLE v. STATE

No. 1179-87.

839 S.W.2d 798 (1990)

Timothy Brian COLE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Granted July 3, 1991.

Opinion on Motion for Rehearing October 21, 1992.

Attorney(s) appearing for the Case

Mike Brown, Lubbock, for appellant.

Travis S. Ware, Dist. Atty., Michael West, Asst. Dist. Atty., Lubbock, Robert Huttash, State's Atty., Matthew W. Paul and Carl E.F. Dally, Asst. State's Attys., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant was convicted by a jury of aggravated sexual assault. See V.T.C.A., Penal Code, Section 22.021. The jury also assessed punishment at twenty-five years in the Texas Department of Corrections.1 On direct appeal, the Seventh Court of Appeals affirmed appellant's conviction in a published opinion. Cole v. State, 735 S.W.2d 686...

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