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ALFARO v. STATE

No. 01-05-00151-CR.

224 S.W.3d 426 (2006)

Agustin Antonio ALFARO, Appellant, v. The STATE of Texas, Appellee.

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

December 7, 2006.

Attorney(s) appearing for the Case

Richard Edward "Dick" Wheelan, Houston, for Appellant.

Peyton Z. Peebles, III, Assistant District Attorney, Charles A. Rosenthal, Jr., District Attorney-Harris County, William J. Delmore III, Assistant District Attorney, Houston, for Appellee.

Panel consists of Chief Justice RADACK, Justice ALCALA, and Justice BLAND.

OPINION

ELSA ALCALA, Justice.

Appellant, Agustin Antonio Alfaro, appeals the trial court's judgment convicting him of aggravated sexual assault of a child. See TEX. PEN.CODE ANN. § 22.021(a)(2)(B) (Vernon Supp.2006). He pleaded not guilty to a jury. The jury found him guilty, and set his punishment at life in prison. In three issues, appellant claims that the trial court erred by denying his motion for a mistrial after a spectator assaulted him...

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