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PEEPLES v. STATE

No. 09-89-274 CR.

799 S.W.2d 489 (1990)

Penny Averitt PEEPLES, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

October 31, 1990.

Attorney(s) appearing for the Case

Willis Everett Smith, Kingwood, Robert Kalish, The Woodlands, for appellant.

Peter Speers, III, Dist. Atty., Kathleen Hamilton, Asst. Dist. Atty., Conroe, for state.

OPINION

BROOKSHIRE, Justice.

The Appellant was indicted in October, 1981, for the sexual abuse of a child, being then Section 21.10 of the Texas Penal Code, a second degree felony, and also for the offense of indecency with a child, which was and is Section 21.11 of the Texas Penal Code, a third degree felony. The section on sexual abuse of a child is superseded by Tex.PENAL CoDE ANN. § 22.021, aggravated sexual assault.

The Appellant was convicted...

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