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BLANCO v. STATE

No. 810-82.

641 S.W.2d 532 (1982)

Augustine Junior BLANCO, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

November 17, 1982.

Attorney(s) appearing for the Case

Darrell K. McAlexander, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty. & Ray Elvin Speece & Randy McDonald, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the Court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

Appellant was convicted of the offense of aggravated rape and punishment was assessed at imprisonment for five years. The Court of Appeals reversed and remanded. Blanco v. State (Tex.App.—Houston [1st] 1982).

The Court of Appeals correctly held that the charge was fundamentally defective because it authorized Appellant's conviction for aggravated rape without proof of...

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