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RODRIGUEZ v. STATE

No. 04-87-00282-CR.

762 S.W.2d 727 (1988)

Joe RODRIGUEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

December 14, 1988.

Attorney(s) appearing for the Case

Nelson Norman and Larry Zinn, San Antonio, for appellant.

Fred G. Rodriguez, Jane Davis, Edwin Springer, and Daniel Thornberry, Criminal Dist. Attys., San Antonio, for appellee.

Before ESQUIVEL, BUTTS and CANTU, JJ.

OPINION

CANTU, Justice.

Appellant was convicted by a jury of aggravated sexual assault. TEX.PENAL CODE ANN. § 22.021(a)(5) (Vernon Supp. 1986).1

Punishment was assessed by the jury at confinement for a term of fifty years.

The indictment, in pertinent part, alleged:

... on or about the 28th day of March, A.D., 1985, Joe Rodriguez, hereafter referred to as defendant, did then and there intentionally...

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