CULTON v. STATE

No. 01-01-00423-CR.

95 S.W.3d 401 (2002)

Alan Enrique CULTON, Appellant, v. The STATE of Texas, Appellee.

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

November 7, 2002.


Attorney(s) appearing for the Case

Jay W. Burnett, Houston, for Appellant.

Carmen Castillo Mitchell, Assistant District Attorney, Houston, for State.

Panel consists of Justices TAFT, ALCALA, and PRICE.


OPINION

TIM TAFT, Justice.

A jury found appellant, Alan Enrique Culton, guilty of sexual assault of a child. Having found true an enhancement paragraph alleging appellant's prior conviction for aggravated sexual assault, the jury assessed punishment automatically at life in prison. We address (1) whether appellant's automatic life sentence upon conviction for his second sex offense constitutes cruel and unusual punishment and (2) whether the trial court...

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