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SMILEY v. STATE

No. 01-02-01257-CR.

129 S.W.3d 690 (2004)

Alfred Allen SMILEY, Appellant, v. The STATE of Texas, Appellee.

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

January 22, 2004.

Attorney(s) appearing for the Case

Douglas Durham, Houston, TX, for Appellant.

Shirley Cornelius, Assistant District Attorney, William J. Delmore, III, Chief Prosecutor, Charles A. Rosenthal, Jr., District Attorney-Harris County, Houston, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices KEYES and ELSA ALCALA.

OPINION

ELSA ALCALA, Justice.

Appellant, Alfred Allen Smiley, was charged by indictment with aggravated sexual assault for unlawfully causing his sexual organ to penetrate the mouth and female sexual organ of the complainant by the use of physical force and violence, and, in the course of the same criminal episode, using and exhibiting a deadly weapon, namely a box cutter. Appellant pleaded not guilty, asserting that the sexual contact was consensual. A...

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