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DIREMIGGIO v. STATE

No. 61690.

637 S.W.2d 926 (1982)

Albert Henri DIREMIGGIO, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

Rehearing Denied September 15, 1982.

Attorney(s) appearing for the Case

William A. Bratton, III, Dallas, for appellant.

Henry Wade, Dist. Atty., T. Michael Sutton, Winfield W. Scott and Will Wilson, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before ODOM, TOM G. DAVIS and CLINTON, JJ.

OPINION

CLINTON, Judge.

Appeal is taken from a conviction for aggravated rape; having been indicted as a repeat offender,1 appellant's punishment was assessed by the jury at forty five years confinement.

Because of our disposition of appellant's third ground of error, a recitation of the facts constituting the offense is unnecessary.

In his ground of error three, appellant contends the evidence is insufficient...

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