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MARTINEZ v. STATE

No. 04-81-00104-CR.

634 S.W.2d 929 (1982)

Modesto MARTINEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Discretionary Review Refused September 15, 1982.

Attorney(s) appearing for the Case

Charles Campion, Don W. King, Jr., San Antonio, for appellant.

Bill White, Dist. Atty., Alan E. Battaglia, Asst. Dist. Atty., San Antonio, for appellee.

Before CADENA, C. J., and BUTTS and CANTU, JJ.

OPINION

CANTU, Justice.

In a trial before a jury appellant was convicted of rape of a mentally diseased or defected woman, see Tex.Penal Code Ann. § 21.02(a)(b)(4) (Vernon Supp. 1981),1 and punishment was assessed at eleven years.

Appellant in his first ground of error complains that the evidence was insufficient to sustain the conviction. He specifically asserts that there was insufficient evidence to prove...

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