HOWELL v. STATE

No. 08-90-00107-CR.

795 S.W.2d 27 (1990)

Billy Clyde HOWELL, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

Discretionary Review Refused November 21, 1990.


Attorney(s) appearing for the Case

Susan W. Burris, Friendswood, for appellant.

Kelly McClendon, Asst. Dist. Atty., Angleton, for appellee.

Before OSBORN, C.J., and WOODARD and KOEHLER, JJ.


OPINION

KOEHLER, Justice.

The Appellant, Billy Clyde Howell, was convicted by a jury of sexual assault of a child and indecency with a child by contact under a two count indictment, enhanced by three prior felony convictions in Florida. The jury assessed punishment at imprisonment for forty years on each count. We affirm.

In Point of Error No. One, Appellant asserts that the indictment, having alleged two separate non-property offenses, is fundamentally...

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