CAPELLO v. STATE

No. 3-87-106-CR.

775 S.W.2d 476 (1989)

Damien CAPELLO, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

August 9, 1989.


Attorney(s) appearing for the Case

Charles R. Kimbrough, Lockhart, for appellant.

Jeffrey L. Van Horn, Crim. Dist. Atty., Lockhart, for appellee.

Before POWERS, GAMMAGE and ABOUSSIE, JJ.


ABOUSSIE, Justice.

A jury found appellant guilty of aggravated sexual assault under Tex.Pen.Code Ann. § 22.021(a)(2) (1989) and assessed punishment at twenty-four years confinement in the Texas Department of Corrections. The trial court rendered judgment in accordance with the verdict, along with a finding of use of a deadly weapon. We will reform the judgment of conviction and, as reformed, affirm.

The offense occurred in the early morning of June 9...

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