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TODD v. STATE

No. 59180.

598 S.W.2d 286 (1980)

Jimmy Webb TODD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

May 7, 1980.

Attorney(s) appearing for the Case

Melvyn Carson Bruder, Dallas, for appellant.

Henry M. Wade, Dist. Atty., Stephen J. Wilensky, Braden W. Sparks and David Schick, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before DOUGLAS, ROBERTS and CLINTON, JJ.

OPINION

CLINTON, Judge.

This appeal follows conviction for the offense of aggravated rape. Upon the jury's finding that the allegations contained in two enhancement paragraphs of the indictment were true, the trial court assessed appellant's punishment at life confinement pursuant to V.T.C.A. Penal Code, § 12.42(d).

The State's evidence established that on May 9, 1977, between 8:30 and 9:00 a. m., the complainant answered a knock at her

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