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JIMINEZ v. STATE

No. 01-86-0208-CR.

727 S.W.2d 789 (1987)

Jim J. JIMINEZ, Appellant, v. The STATE of Texas, Appellee.

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

March 26, 1987.

Attorney(s) appearing for the Case

Allen C. Isbell, Houston, for appellant.

John B. Holmes, Jr., Harris County Dist. Atty., Leslie Brock, Joan Campbell, Harris County Asst. Dist. Attys., Houston, for appellee.

Before JACK SMITH, DUGGAN and COHEN, JJ.

OPINION

JACK SMITH, Justice.

The jury found appellant guilty of sexual assault, and the court assessed punishment at six years imprisonment. Finding the evidence insufficient to prove the allegations of use and threats of physical force and violence, we reverse.

The indictment alleged that, on or about April 21, 1985, appellant did:

intentionally and knowingly by the use of physical force and violence and by threatening the present use of...

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