MARTIN v. STATE

Nos. 238-92, 239-92.

830 S.W.2d 137 (1992)

Jim Carol MARTIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

May 13, 1992.


Attorney(s) appearing for the Case

Richard Alan Anderson on appeal only, Dallas, for appellant.

Frank Long, Dist. Atty., Robert E. Newsom, Asst. Dist. Atty., Sulphur Springs, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


Appellant's petition for discretionary review refused.

BAIRD, Judge, dissenting.

The jury convicted appellant of the offense of aggravated sexual assault pursuant to Tex.Penal Code Ann. § 22.021 which is an offense listed in Tex.Code Crim.Proc. Ann. art. 42.12, § 3g(a)(1). Therefore, the trial judge should have instructed the jury as follows:

Under the law applicable in this case, the defendant, if sentenced to a term of imprisonment, may...

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