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GALLEGOS v. STATE

No. 04-86-00566-CR.

756 S.W.2d 45 (1988)

Santiago A. GALLEGOS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied August 30, 1988.

Attorney(s) appearing for the Case

Harry A. Nass, Jr., Morris Collins, San Antonio, for appellant.

Fred G. Rodriguez, Phylis West, Mario Bordini, Ilse D. Bailey-Graham, Criminal Dist. Attys., San Antonio, for appellee.

Before CADENA, C.J., and ESQUIVEL and DIAL, JJ.

OPINION

ESQUIVEL, Justice.

This is an appeal from a judgment or conviction in an aggravated sexual assault of a child case. See TEX.PENAL CODE ANN. § 22.021(a)(1)(B)(iii), (Vernon Supp. 1988). We reverse.

Appellant was charged by indictment with the felony offense of aggravated sexual assault of a child. Trial was to a jury upon his plea of not guilty. The jury found him guilty of the offense charged. Appellant waived a jury and elected...

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