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McGAHEY v. STATE

No. 2-86-234-CR.

744 S.W.2d 695 (1988)

Andrew Swanner McGAHEY, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Denied February 25, 1988.

Attorney(s) appearing for the Case

Richard S. Podgorski, Denton, for appellant.

Jerry Cobb, Dist. Atty., and Elaine Carpenter, Asst. Dist. Atty., Denton, for State.

Before FENDER, C.J., and FARRIS and JOE SPURLOCK, II, JJ.

OPINION

FARRIS, Justice.

Appellant, Andrew Swanner McGahey, was convicted of the offense of aggravated sexual assault. See TEX.PENAL CODE ANN. sec. 22.021 (Vernon Supp.1987). Punishment was assessed at thirty-five years in the Texas Department of Corrections.

Appellant's sole contention on appeal is that the trial court should have charged the jury as to the lesser included offense of sexual assault. See TEX.PENAL CODE ANN. sec. 22...

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