OPINION
ESQUIVEL, Justice.
This is an appeal from a conviction for aggravated rape. Punishment was assessed at 55 years.
Appellant argues that the jury was authorized and instructed to convict appellant upon a theory which did not constitute the offense of aggravated rape. In pertinent part, the indictment alleged that the appellant did:
knowingly and intentionally by force that overcame such earnest resistance as might reasonably have been...
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