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RODGERS v. STATE

Nos. 10-04-00280-CR, 10-04-00281-CR.

180 S.W.3d 716 (2005)

John RODGERS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

October 26, 2005.

Attorney(s) appearing for the Case

Scott K. Stevens, c/o Stan Schwieger, Waco, for appellant.

David A. Castillo, Coryell County Dist. Atty., Gatesville, for appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

FELIPE REYNA, Justice.

A jury convicted John Rodgers of the aggravated sexual assaults of two girls less than fourteen years' old and assessed his punishment at forty years' imprisonment for each conviction. Rodgers presents the same two issues in each case, contending that the court committed egregious error by failing to sua sponte instruct the jury on the State's burden of proof for extraneous...

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