COOKE v. STATE

No. 14-86-803-CR.

735 S.W.2d 928 (1987)

Daniel Perry COOKE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

July 30, 1987.


Attorney(s) appearing for the Case

Kenneth W. Brauer, Houston, for appellant.

John B. Holmes, Dist. Atty., Roe Morris, Asst. Dist. Atty., Houston, for appellee.

Before PAUL PRESSLER, MURPHY and ELLIS, JJ.


OPINION

PAUL PRESSLER, Justice.

A jury found appellant guilty of burglary of a habitation with intent to commit sexual assault and assessed punishment at seventy-five years confinement in the Texas Department of Corrections. We reverse and remand.

Complainant was sexually assaulted at approximately 1:00 a.m., by a man who had entered her apartment through a second floor patio door. After three hours, complainant convinced her attacker, whom she had...

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