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GUTIERREZ v. STATE

No. 03-98-00347-CR.

8 S.W.3d 739 (1999)

Jose GUTIERREZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

December 16, 1999.

Attorney(s) appearing for the Case

Michael C. Gross, San Antonio, for Appellant.

Ken Anderson, Dist. Atty., John M. Bradley, Asst. Dist. Atty., Georgetown, for State.

Before Justices JONES, B.A. SMITH and YEAKEL.

LEE YEAKEL, Justice.

We withdraw our original opinion and judgment issued June 4, 1999, and substitute this opinion on the State's motion for rehearing.

A jury found appellant Jose Gutierrez guilty of two counts of aggravated sexual assault and two counts of indecency with a child. See Tex. Penal Code Ann. §§ 22.021 (West 1994 & Supp.1999), 21.11 (West 1994). Upon the jury's assessment of punishment, the district court sentenced appellant...

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