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COSIO v. STATE

No. PD-1435-10.

353 S.W.3d 766 (2011)

Jesus E. COSIO, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

September 14, 2011.

Attorney(s) appearing for the Case

Roland Garza , Edinburg, for Appellant.

Theodore C. Hake , Asst. Crim. D.A., Edinburg, Lisa C. McMinn , State's Attorney, Austin, for State.

OPINION

KEASLER, J., delivered the opinion for a unanimous Court.

We hold that the trial judge's instructions to the jury permitted non-unanimous verdicts. There were several instances of sexual criminal conduct that could have satisfied the charged offenses, and the judge failed to instruct the jury that it must be unanimous about which instance of criminal conduct satisfied each charged. But we conclude that Jesus Eduardo Cosio was not egregiously...

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