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SAN ROMAN v. STATE

No. 08-90-00217-CR.

815 S.W.2d 785 (1991)

Pascual Sambrano SAN ROMAN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

August 7, 1991.

Attorney(s) appearing for the Case

Joe E. Boaz, El Paso, Tex., for appellant.

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

Before FULLER, WOODARD and KOEHLER, JJ.

OPINION

KOEHLER, Justice.

Appellant was convicted by a jury of an aggravated rape alleged to have occurred on February 22, 1982. Punishment was assessed by the court at seventy-five years in prison. We reverse and remand for retrial of the punishment phase only.

The Appellant was originally convicted of aggravated rape and assessed fifty years' punishment by a jury in October 1982. This conviction was...

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