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YOUNG v. STATE

No. 01-99-01147-CR.

73 S.W.3d 482 (2002)

Carroll Dwayne YOUNG, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston [1st Dist.].

March 29, 2002.

Attorney(s) appearing for the Case

Kenneth W. Smith, Law Office of Kenneth W. Smith, Houston, for Appellant.

Rikke Burke Graber, Assistant District Attorney, Houston, for the State.

Panel consists of Justices TAFT, BRISTER, and DUGGAN.

EN BANC OPINION ON COURT'S MOTION

LEE DUGGAN, JR., Justice.

A jury found appellant, Carroll Dwayne Young, guilty of aggravated sexual assault of a child and assessed his punishment at 75 years confinement and a $5,000 fine. A divided panel of this court voted to affirm the judgment; however, en banc review was granted on the Court's own motion, the panel opinion was withdrawn, and this opinion is substituted in its stead. We reverse and remand.

Appellant...

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