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BENDER v. STATE

No. 596-85.

758 S.W.2d 278 (1988)

Harry Lincoln BENDER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

September 27, 1988.

Attorney(s) appearing for the Case

Paul R. Lawrence, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty. and Roe Morris, Eleanor M. McCarthy and Jack Millin, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITIONS FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

Waiving trial by jury, appellant entered a plea of nolo contendere in a bench trial to the offense of aggravated sexual assault under V.T.C.A., Penal Code, §§ 22.011(a)(2)(A) and 22.021(a)(5). The court assessed punishment at 8 years' imprisonment.

On appeal the only point of error urged was that the "evidence admitted against appellant is insufficient to sustain...

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