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WHITNEY v. STATE

No. 2-04-311-CR.

190 S.W.3d 786 (2006)

Harry James WHITNEY, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

March 23, 2006.

Attorney(s) appearing for the Case

J. Rex Barnett, Fort Worth, for appellant.

Tim Curry, Crim. D.A., Charles M. Mallin, Asst. Crim. D.A. and Chief of the Appellate Division, Sharon A. Johnson, Asst. Crim. D.As., Fort Worth, for state.

PANEL F: DAUPHINOT, GARDNER, and WALKER, JJ.

MEMORANDUM OPINION1

SUE WALKER, Justice.

I. INTRODUCTION

Appellant Harry James Whitney appeals the trial court's judgment adjudicating him guilty of the offense of sexual assault of a child under seventeen years of age and sentencing him to three years' confinement. In two points, Whitney complains that article 42.12, section 5 of the Texas Code of Criminal Procedure...

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