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CARTER v. STATE

No. 2-85-184-CR.

713 S.W.2d 442 (1986)

Travis CARTER, Jr., Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

August 7, 1986.

Attorney(s) appearing for the Case

Price & Swander, Steven H. Swander, Fort Worth, for appellant.

Tim Curry, C. Chris Marshall, Delonia A. Watson, Sharen Wilson and Robert Gill, Fort Worth, for State.

Before FENDER, C.J., and HOPKINS and ASHWORTH (Retired, Sitting by Assignment), JJ.

OPINION ON MOTION FOR REHEARING

FENDER, Chief Justice.

In the State's Motion for Rehearing they contend that this Court incorrectly reversed appellant, Travis Carter, Jr.'s, conviction for aggravated sexual assault. See TEX.PENAL CODE ANN. sec. 22.021 (Vernon Supp.1986). We reversed the conviction holding that:

Aggravating circumstances are only present when an express verbal threat to kill is made, a deadly weapon exhibited, or a serious...

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