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SCHUTZ v. STATE

No. 01-94-00257-CR.

998 S.W.2d 903 (1999)

Ben Wayne SCHUTZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

August 27, 1999.

Attorney(s) appearing for the Case

Frank Blazek, Huntsville, for appellant.

Kay Douglas, David Weeks, Huntsville, for State.

Panel consists of Justices COHEN, MIRABAL, and TAFT.

OPINION ON REMAND FROM THE COURT OF CRIMINAL APPEALS

MARGARET GARNER MIRABAL, Justice.

A jury found appellant, Ben Wayne Schutz, guilty of the aggravated sexual assault of his six-year-old daughter, and assessed punishment at 30-years confinement. In an opinion and judgment dated June 1, 1995, this court affirmed the conviction. On appellant's petition for discretionary review, the Court of Criminal Appeals reversed our judgment, holding that the trial court...

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