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TOBAR v. STATE

No. 13-91-445-CR.

874 S.W.2d 87 (1994)

Robert TOBAR, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

Discretionary Review Refused June 15, 1994.

Attorney(s) appearing for the Case

V. Antonio Aninao, Janet Morrow, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Scott A. Durfee, Asst. Dist. Atty., Houston, for appellee.

Before DORSEY, GILBERTO HINOJOSA and FEDERICO G. HINOJOSA, Jr., JJ.

OPINION

DORSEY, Justice.

A jury found appellant guilty of aggravated sexual assault and assessed his punishment, enhanced by a prior felony conviction, at seventy years in prison. We originally affirmed his conviction,1 but the Court of Criminal Appeals granted appellant's petition for discretionary review, vacated our decision, and remanded the cause to us for reconsideration in light of McCarter v. State,

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