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McCARTY v. STATE

No. 06-06-00167-CR.

227 S.W.3d 415 (2007)

Andrew Tyrone McCARTY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided June 14, 2007.

Attorney(s) appearing for the Case

Steven R. Miears, Attorney At Law, Bonham, for appellant.

Michael Morrow, Asst. County Atty., Richard Glaser, Fannin County Dist. Atty., Bonham, for appellee.

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

OPINION

Opinion by Justice CORNELIUS.

Andrew Tyrone McCarty was tried in 2000 on two counts of indecency with a five-year-old female. A mistrial was declared. In 2006, McCarty was tried again on the two counts of indecency with a child, and also on two additional indictments for aggravated sexual assault of a child by penetration. At the second trial, the complainant testified that she remembered nothing about the charged offenses. Her testimony from the...

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