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ABBOTT v. STATE

No. 10-05-00312-CR.

196 S.W.3d 334 (2006)

Johnny Ray ABBOTT, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled July 11, 2006.

Attorney(s) appearing for the Case

Gary A. Udashen, Sorrels & Udashen, Dallas, for appellant.

Joe F. Grubbs, County and Dist. Atty. for Johnson County, Waxahachie, for respondent.

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

OPINION

BILL VANCE, Justice.

A jury convicted Johnny Abbott of indecency with a child and assessed a twenty-year prison sentence. Abbott's appeal asserts errors in both trial phases. We will affirm the judgment of conviction but will reverse the sentence and remand the case for a new punishment hearing.

Sufficiency of the Evidence

We begin with Abbott's complaints that the evidence is legally and factually insufficient. A person commits...

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