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WASHINGTON v. STATE

No. 01-99-00716-CR.

16 S.W.3d 70 (2000)

Dana Dwayne WASHINGTON, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Overruled May 5, 2000.

Attorney(s) appearing for the Case

Shawna L. Reagin, Houston, for Appellant.

Alan Curry, John B. Holmes, for State.

Panel consists of Justices O'CONNOR, HEDGES, and PRICE.

OPINION

MICHOL O'CONNOR, Justice.

Dana Dwayne Washington, the appellant, was charged with aggravated sexual assault, with two enhancement paragraphs. The appellant pled not guilty. A jury found the appellant guilty as charged, and found both enhancement paragraphs true. The jury assessed punishment at 36 years confinement.

In two points of error, the appellant claims the trial court erred in refusing to include the lesser offense of assault in the...

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