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WALSTON v. STATE

No. 04-84-00283-CR.

697 S.W.2d 517 (1985)

Larry WALSTON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

September 30, 1985.

Attorney(s) appearing for the Case

Andrew Carruthers, San Antonio, for appellant.

Sam Millsap, Jr., Sid Harle, Lyndee Ahnstedt, Margaret M. Embry, Crim. Dist. Attys., San Antonio, for appellee.

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

OPINION

TIJERINA, Justice.

This is an appeal from a conviction for burglary of a habitation with intent to commit rape. The jury found appellant guilty as charged and the court assessed the punishment at sixty (60) years' confinement.

The evidence shows that the complainant was awakened by a man standing by her bed. She was forced to perform oral sex on the intruder and thereafter was raped. Because she...

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