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MATHONICAN v. STATE

No. 06-05-00056-CR.

194 S.W.3d 59 (2006)

Earl Edward MATHONICAN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided May 12, 2006.

Attorney(s) appearing for the Case

Cynthia Braddy, Sulphur Springs, for appellant.

Carol Day Moss, Asst. Dist. Atty., F. Duncan Thomas, Dist. Atty., Greenville, for appellee.

Before MORRISS, C.J., ROSS and CARTER, JJ.

OPINION

Opinion by Chief Justice MORRISS.

The State charged Earl Edward Mathonican with the crime of sexually assaulting J.M. by causing three distinct penile penetrations without J.M.'s consent — J.M. penetrating Mathonican's anus and mouth, and Mathonican penetrating J.M.'s mouth. See TEX. PEN.CODE ANN. § 22.011 (Vernon Supp.2005). The State also sought and obtained a jury finding that, during the commission of the offenses, Mathonican...

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