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ALVAREZ v. STATE

No. 61542.

649 S.W.2d 613 (1982)

Alberto Perales ALVAREZ, Appellant, v. The STATE of Texas, Appellee.

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

On Rehearing November 17, 1982.

On Rehearing March 23, 1983.

Rehearing Denied May 18, 1983.

Attorney(s) appearing for the Case

Rosendo Rodriguez, Jr., Wichita Falls, for appellant.

Joseph Thigpen, Dist. Atty., Haskell, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before ONION, P.J., and W.C. DAVIS and TEAGUE, JJ.

OPINION

TEAGUE, Judge.

Alberto Perales Alvarez, Appellant, appeals his conviction by a jury for committing the offense of rape of a female who was "physically unable to resist." The same jury assessed appellant's punishment at confinement in the penitentiary for three (3) years.

Appellant challenges the sufficiency of the evidence. We agree with the appellant that the evidence presented is insufficient and will order the conviction reversed.

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