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COONEY v. STATE

No. 08-89-00369-CR.

803 S.W.2d 422 (1991)

John Louis COONEY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled February 6, 1991.

Attorney(s) appearing for the Case

Susan Larsen, El Paso, for appellant.

Steve W. Simmons, Dist. Atty. of El Paso County, El Paso, for appellee.

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

OPINION

OSBORN, Chief Justice.

This is an appeal from a conviction for sexual assault on a seven-year-old child. The jury assessed punishment, enhanced by one prior felony conviction, at imprisonment for sixty years and a fine of $10,000.00. We affirm.

Point of Error No. Three asserts that the lower court erred in finding the seven-year-old child competent to testify under Tex.R.Crim.Evid. 601(a)(2). The issue was not preserved for appellate review...

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