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CHAPMAN v. STATE

No. 14-02-00917-CR.

150 S.W.3d 809 (2004)

William Richard CHAPMAN, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

October 21, 2004.

Attorney(s) appearing for the Case

Winston E. Cochran, Jr., Houston, for appellant.

Joel H. Bennett, Galveston, for appellee.

Panel consists of Justices FOWLER, EDELMAN, and SEYMORE.

SUBSTITUTE OPINION

CHARLES W. SEYMORE, Justice.

Appellee's Motion for Rehearing is overruled. Our original opinion issued on August 17, 2004 is withdrawn, and we issue this substitute opinion.

Appellant, William Richard Chapman, Jr., was charged with aggravated sexual assault of K.M.F., his six-year-old step-daughter. In appellant's first trial, the court sua sponte concluded proceedings by announcing a mistrial because the jury was deadlocked...

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