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BATRES v. STATE

No. 04-85-00450-CR.

727 S.W.2d 83 (1987)

Arturo E. BATRES, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

February 27, 1987.

Attorney(s) appearing for the Case

Gerald H. Goldstein, Ralph A. Lopez (on appeal), Goldstein, Goldstein & Hiley, San Antonio, for appellant.

Amando Abascal, III, Dist. Atty., Eagle Pass, for appellee.

Before CADENA, C.J., and CANTU and REEVES, JJ.

OPINION

REEVES, Justice.

This is an appeal from a conviction of the offense of sexual assault. A jury found the appellant guilty and the court assessed punishment at 11 years' confinement in the Department of Corrections.

The appellant chose not to testify. During deliberation, but before discussing the evidence, the jury took a preliminary poll. Ten voted guilty and two voted not guilty. It is uncontroverted that Batres' failure to testify was discussed...

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