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TYSON v. STATE

Nos. 2-03-375-CR, 2-03-376-CR.

172 S.W.3d 172 (2005)

Lawton Frederick TYSON a/k/a Lawton F. Tyson, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled September 8, 2005.

Discretionary Review Refused December 7, 2005.

Attorney(s) appearing for the Case

Joe L. Sheppard, Burleson, Richard Alley, Fort Worth, for Lawton Frederick Tyson.

Tim Curry, Criminal Dist. Atty., Charles M. Mallin, Anne Swenson, David M. Curl, Shawn Paschall, and Amy Collum, Asst. Criminal Dist. Attys., Fort Worth, for State.

PANEL F: LIVINGSTON, GARDNER and WALKER, JJ.

OPINION

TERRIE LIVINGSTON, Justice.

Appellant Lawton Frederick Tyson a/k/a Lawton F. Tyson appeals from his convictions on one count of aggravated sexual assault of a child under the age of fourteen and five counts of sexual assault of a child under the age of seventeen. In three points, he contends that the trial court reversibly erred by permitting the State to amend the indictment on the day of trial, by granting the State's motion to cumulate the sentences...

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