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CARTY v. STATE

Nos. 01-03-01266-CR, 01-03-01267-CR.

178 S.W.3d 297 (2005)

Alfred Llewelyn CARTY, Appellant, v. The STATE of Texas, Appellee.

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

Discretionary Review Refused January 18, 2006.

Attorney(s) appearing for the Case

Steven J. Lieberman, Houston, TX, for Appellant.

Dan McCrory, Assistant District Attorney, Charles A. Rosenthal, Jr., District Attorney-Harris County, Houston, TX, for Appellee.

Panel consists of Justices NUCHIA, HANKS, and HIGLEY.

OPINION ON REHEARING

SAM NUCHIA, Justice.

We grant appellant's motion for rehearing, withdraw our opinion issued November 10, 2004, and issue this opinion in its place.

Appellant, Alfred Llewelyn Carty, was charged in two separate indictments with first-degree felony offenses of aggravated sexual assault of his six-year-old daughter, J.C. Appellant pleaded not guilty and the cases were consolidated...

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