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TREJO v. STATE

No. 14-06-00168-CR.

242 S.W.3d 48 (2007)

Roberto Yarit TREJO, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled January 10, 2008.

Attorney(s) appearing for the Case

Kenneth E. Goode, Houston, for appellant.

Eric Kugler, Houston, for appellee.

Panel consists of Justices FROST, SEYMORE, and GUZMAN.

OPINION

EVA M. GUZMAN, Justice.

In this appeal, we must decide whether the trial court had jurisdiction to enter a judgment convicting appellant, Roberto Yarit Trejo, of aggravated assault when he was indicted for aggravated sexual assault but convicted of aggravated assault, which was submitted as a lesser-included offense. We conclude (1) aggravated assault is not a lesser-included offense of aggravated sexual assault as charged in the indictment, (2)...

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