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HAMPTON v. STATE

No. 362-02.

109 S.W.3d 437 (2003)

Walter HAMPTON, Jr., Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

July 2, 2003.

Attorney(s) appearing for the Case

Shawna L. Reagin, Houston, for appellant.

Bridget Holloway, Assist. DA, Houston, Matthew Paul, State's Attorney, Austin, for state.

Before the court en banc.

OPINION

JOHNSON, J., delivered the opinion of the Court in which PRICE, WOMACK, KEASLER, HERVEY and COCHRAN, J.J., joined.

Appellant was charged with aggravated sexual assault by an indictment that alleged that appellant caused the penetration of the female organ of the complainant "by the use of physical force and violence" and alleging the aggravating factor of using and exhibiting a deadly weapon, to-wit a knife. The jury instead convicted him...

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