HERNANDEZ v. STATE

No. 04-86-00403-CR.

740 S.W.2d 594 (1987)

Gerardo Michael HERNANDEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

November 12, 1987.


Attorney(s) appearing for the Case

Andrew Carruthers, San Antonio, for appellant.

Fred G. Rodriguez, Criminal Dist. Atty., Michael Granados, Margaret Embry, Edward Shaughnessy, III, San Antonio, for appellee.

Before ESQUIVEL, BUTTS and CHAPA, JJ.


OPINION

BUTTS, Justice.

Following a mistrial, appellant was retried and convicted of intentionally and knowingly causing serious bodily injury to a child. TEX.PENAL CODE ANN. § 22.04(a)(1) (Vernon Supp.1987). The trial court assessed punishment at 60 years' imprisonment.

On July 25, 1985, appellant was baby-sitting the two year old child of his girlfriend. The child, Charles Allen Friend, was immersed in a tub of hot water, resulting in severe...

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