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MARTIN v. STATE

No. 09 85 181 CR.

722 S.W.2d 172 (1986)

James D. MARTIN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

December 3, 1986.

Attorney(s) appearing for the Case

Rick Brass, Houston, for appellant.

Mary Ann Turner, Asst. Dist. Atty., Conroe, for appellee.

OPINION

BURGESS, Justice.

Appellant was convicted by a jury of Sexual Assault. The court assessed punishment at 10 years confinement in the Texas Department of Corrections. A single ground of error is urged, viz:

The trial court committed reversible error in admitting evidence of an extraneous offense on the issue of identity because there were insufficient distinguishing characteristics common to both the extraneous offense and the instant offense...

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