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McKINNEY v. STATE

No. 2-91-125-CR.

825 S.W.2d 238 (1992)

Brandon McKINNEY, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled April 1, 1992.

Attorney(s) appearing for the Case

Kenney Yarbrough, Denton, for appellant.

Bruce Isaacks, Criminal Dist. Atty., David C. Colley and Lisa Decker, Assts., Denton, for appellee.

Before HILL, MEYERS and DAY, JJ.

OPINION

MEYERS, Justice.

Appellant, Brandon McKinney, appeals from a conviction by the jury of sexual assault. See Tex.Penal Code Ann. § 22.011(a)(1)(A) & (b)(3) (Vernon Supp.1992). Punishment was assessed by the jury at five years confinement, probated for five years, and a $5,000.00 fine.

Reversed; acquittal ordered.

On November 19, 1989, K.H., a nineteen-year-old female, was with McKinney and some other friends on a road...

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