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BARNHART v. STATE

No. 01-85-01038-CR.

716 S.W.2d 572 (1986)

Russell Irwin BARNHART, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

August 28, 1986.

Attorney(s) appearing for the Case

Ken J. McLean, Houston, for appellant.

John B. Holmes, Jr., Harris Co. Dist. Atty., Winston E. Cochran, Jr., Marie Munier, Harris Co. Asst. Dist. Attys., Houston, for appellee.

Before DUGGAN, LEVY and HOYT, JJ.

OPINION

LEVY, Justice.

This is an appeal from a conviction for sexual assault of a child in which the jury assessed punishment at 12 years confinement.1

Viewed in the light most favorable to the prosecution, the evidence reflects that complainant was a 14-year-old mentally retarded girl who lived with her mother. Complainant's mother became friends with appellant and his wife while all were living at the Harrisburg Hotel...

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