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FRAGA v. STATE

No. 04-95-00370-CR.

940 S.W.2d 736 (1997)

Mario FRAGA, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Discretionary Review Refused May 21, 1997.

Attorney(s) appearing for the Case

Richard E. Langlois, Law Offices of Richard E. Langlois, San Antonio, for Appellant.

Daniel Thornberry, Assistant Criminal District Attorney, San Antonio, for Appellee.

Before HARDBERGER, C.J., and RICKHOFF and DUNCAN, JJ.

OPINION

DUNCAN, Justice.

Mario Fraga was charged with and convicted of the aggravated kidnaping and aggravated sexual assault of Agnes Garcia. The jury assessed the maximum sentence on each charge—twenty years in prison on the aggravated kidnaping charge and life in prison on the aggravated sexual assault charge. Fraga, who testified at trial that the conduct at issue was consensual, appeals, claiming the trial court erred in failing to charge the...

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