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EMERSON v. STATE

No. 1139-90.

851 S.W.2d 269 (1993)

Christopher Jethro EMERSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied April 14, 1993.

Attorney(s) appearing for the Case

Catherine Greene Burnett (court appointed on appeal), Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., and Lester Blizzard, Asst. Dist. Atty., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the Court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

Appellant was originally convicted by a jury of aggravated sexual assault. TEX.PENAL CODE ANN. § 22.021(a)(1)(A)(i) & (a)(2)(A)(iv). It then assessed his punishment at 10 years' confinement in the Texas Department of Corrections (now the Texas Department of Criminal Justice, Institutional Division). On direct appeal, appellant claimed that the trial court erred when it denied...

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