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HEIDELBERG v. STATE

No. 1418-03.

144 S.W.3d 535 (2004)

Donald C. HEIDELBERG, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

September 15, 2004.

Attorney(s) appearing for the Case

Brian W. Wice, Houston, for Appellant.

William J. Delmore, III, Asst. District Atty., Houston, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

OPINION

MEYERS, J., delivered the opinion of the Court, in which KELLER, P.J., and WOMACK, KEASLER, HERVEY, and Cochran, JJ., join.

Appellant was indicted for sexually assaulting his wife's eight-year-old granddaughter. Appellant and his wife were babysitting the victim when, according to the victim, Appellant came into her room while she was sleeping and fondled her and stuck his penis in her anus. Appellant denied the accusations and took the stand...

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