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CUNNINGHAM v. STATE

No. 929-85.

726 S.W.2d 151 (1987)

Maurice Samuel CUNNINGHAM, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

March 18, 1987.

Attorney(s) appearing for the Case

David R. Weiner, court appointed on appeal, San Antonio, for appellant.

Sam D. Millsap, Jr., Dist. Atty., and Elizabeth H. Taylor, Ernest Glenn and Charles Estee, Asst. Dist. Attys., San Antonio, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Charged with aggravated sexual assault of a child under V.T.C.A. Penal Code, Sec. 22.011(a)(2)(B) and Sec. 22.021(a)(3), appellant pleaded not guilty in a trial before the court. Expressly finding a failure to prove "penetration of the mouth of the child by the sex organ of [appellant]," the trial court convicted him of indecency with a child.1

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