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GALLARDO v. STATE

No. 04-88-00248-CR.

768 S.W.2d 875 (1989)

Gary David GALLARDO, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

March 29, 1989.

Attorney(s) appearing for the Case

Raymond Angelini, Angelini & Macrae, San Antonio, for appellant.

Fred G. Rodriguez, Jay Brandon, Criminal Dist. Attys., San Antonio, for appellee.

Before BUTTS, CARR and ONION, JJ.

OPINION

ONION, Assigned Justice.

This appeal is taken from a conviction for aggravated rape of a child under former Sections 21.03 and 21.09 of the Texas Penal Code (repealed in 1983). The jury, having found the appellant guilty, assessed his punishment at 99 years' confinement in the department of Corrections, and in addition assessed a $10,000.00 fine.

At the outset we are confronted with appellant's initial contention on appeal that the...

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