OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW
DUNCAN, Judge.
Appellant was charged with the offense of injury to an elderly individual pursuant to V.T.C.A. Penal Code, § 22.04(a)(1). A jury found the appellant guilty as charged and assessed his punishment at 99 years in the Texas Department of Corrections. The appellant's conviction was subsequently reversed and his acquittal ordered. Billingslea v. State,
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