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KELLEY v. STATE

No. 2-97-332-CR.

22 S.W.3d 628 (2000)

Richard Allen KELLEY, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

June 15, 2000.

Attorney(s) appearing for the Case

David K. Chapman, Fort Worth, for appellant.

Tim Curry, Crim. Dist. Atty., Charles M. Mallin, Helena F. Faulkner, Christy Jack, Jay Lapham, Asst. Crim. Dist., Fort Worth, for appellee.

PANEL F: CAYCE, C.J.; HOLMAN and GARDNER, JJ.

OPINION ON REMAND

JOHN CAYCE, Chief Justice.

BACKGROUND

Appellant was convicted by a jury of sexual assault of a child and two counts of indecency with a child by contact. The trial court then assessed his punishment at twenty years' confinement for each offense.1 On original submission, this court followed the decision of the court of criminal appeals in DeGarmo v. State, 691 S.W.2d 657

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