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PORTER v. STATE

No. 10-08-00169-CR.

298 S.W.3d 694 (2009)

Keith Allen PORTER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Denied October 28, 2009.

Opinion Concurring in Denial of Rehearing.

Attorney(s) appearing for the Case

Stan Schwieger, Waco, for appellant.

John W. Segrest, McLennan County Dist. Atty., Waco, for appellee.

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

MEMORANDUM OPINION

FELIPE REYNA, Justice.

A jury convicted Keith Allen Porter of two counts of aggravated sexual assault and a single count of indecency with a child. The jury assessed his punishment at seventy five years for each of the aggravated sexual assault convictions and ten years for the indecency conviction. Porter contends in his sole issue that the court abused its discretion by failing to require the State to make an election before resting...

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