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PHILLIPS v. STATE

Nos. PD-499-04, 500-04, 501-04, PD-1575-04, 1576-04.

193 S.W.3d 904 (2006)

Robert Steven PHILLIPS and Henry Daniel Farr, Appellants, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

June 7, 2006.

Attorney(s) appearing for the Case

Belinda Johnson Chagnard, Houston, for Appellant Robert Steven Phillips.

Joseph Salhab, Houston for Appellant Henry Daniel Farr.

Kelly Ann Smith, Asst. D.A., Houston, for State.

OPINION

PRICE, J., delivered the opinion of the Court, in which MEYERS, JOHNSON, HOLCOMB and COCHRAN, JJ., joined.

Phillips was convicted of three counts of sexual assault. In a separate and unrelated case, Farr was convicted of two counts of sexual assault. In both cases, the State introduced multiple occurrences of each type of assault, and the trial court refused to require the State to elect, at the close of the State's evidence, which occurrence...

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