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CASEY v. STATE

No. PD-0548-05.

215 S.W.3d 870 (2007)

David Wayne CASEY, Jr., Appellant v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 28, 2007.

Attorney(s) appearing for the Case

Cynthia Barbare and Robert N. Udashen, Dallas, for Appellant.

Patricia Poppoff Noble, Asst. District Atty., Dallas, Matthew Paul, State's Atty., Austin, for State.

OPINION

HOLCOMB, J., delivered the opinion of the Court, in which, KELLER, P.J., MEYERS, WOMACK, JOHNSON, KEASLER, HERVEY, and COCHRAN, JJ., joined.

Appellant David Wayne Casey was charged with aggravated sexual assault under Texas Penal Code § 22.021(a)(1)(A)(i), (2)(A)(vi) (Vernon Supp.2006). He was tried before a jury and convicted of the lesser offense of sexual assault. The Third Court of Appeals...

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