MITCHELL v. STATE

No. 04-85-00533-CR.

762 S.W.2d 916 (1988)

James Allen MITCHELL, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied January 6, 1989.


Attorney(s) appearing for the Case

Thomas Rocha, Jr., San Antonio, for appellant.

Sam Millsap, Jr., Former Criminal Dist. Atty., Fred G. Rodriguez, Criminal Dist. Atty., Barbara Hervey, San Antonio, for appellee.

Before BUTTS, CANTU and CHAPA, JJ.


OPINION

CANTU, Justice.

This is an appeal from a conviction for aggravated sexual assault. TEX.PENAL CODE ANN. § 22.021(a)(5) (Vernon Supp. 1986). See now TEX.PENAL CODE ANN. §§ 22.021(a)(1)(B)(ii) and 22.021(a)(1)(B)(i) (Vernon Supp.1988).

The facts giving rise to the indictment are as follows:

On May 10, 1985, an informant called a Lt. Moreno of the San Antonio Police Department to give him 13 polaroid photographs...

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