ESCARCEGA v. STATE

No. 770-86.

767 S.W.2d 806 (1989)

Ismael ESCARCEGA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

April 5, 1989.


Attorney(s) appearing for the Case

Fernando Chacon, El Paso, for appellant.

Steve W. Simmons, Dist. Atty., and Robert Dinsmoor, Asst. Dist. Atty., El Paso, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Presiding Judge.

On March 19, 1985, appellant was convicted by a jury for the offense of aggravated sexual assault. Punishment was assessed at ten years' in the Texas Department of Corrections. The jury, however, recommended that imposition of sentence be suspended and appellant be placed on adult probation for the same period.

On appeal, the El Paso Court of Appeals reversed appellant...

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