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TYRONE v. STATE

No. 2-91-326-CR.

854 S.W.2d 153 (1993)

Robert I. TYRONE, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled April 27, 1993.

Discretionary Review Refused September 22, 1993.

Attorney(s) appearing for the Case

Jim Shaw, Fort Worth, for appellant.

Tim Curry, Crim. Dist. Atty., Betty Marshall and Charles Mallin, Asst. Chiefs of the Appellate Section, and David Curl, Malena Caledron, Steve Marshall, Asst. Crim. Dist. Attys., Fort Worth, for the state.

Before LATTIMORE, DAY and CLYDE R. ASHWORTH (Retired Sitting by Assignment), JJ.

OPINION

CLYDE R. ASHWORTH, Retired Justice.

Appellant, Robert I. Tyrone, was convicted by a jury of sexual assault under Tex.Penal Code Ann. § 22.011 (Vernon Supp.1993). The jury assessed his punishment at eleven years confinement in the Texas Department of Criminal Justice. He appeals both the guilty verdict and the punishment.

We affirm in part and reverse and remand in part.

I. FACTS

Appellant's indictment and conviction is...

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