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FLEMING v. STATE

No. PD-1250-12.

441 S.W.3d 253 (2014)

Mark Alexander FLEMING, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

June 18, 2014.

Attorney(s) appearing for the Case

Richard Gladden , Denton, for Appellant.

Catherine Luft , for the State of Texas.

OPINION

MEYERS, J., delivered the opinion of the Court, in which KEASLER, HERVEY, COCHRAN, and ALCALA, JJ., joined.

Appellant, Mark Alexander Fleming, was charged with four counts of aggravated sexual assault under Texas Penal Code Section 22.021(a)(1)(B)(iii), (2)(B).1 He filed a motion to quash the indictment on the basis that the statute is unconstitutional for failing to require the State to prove that he had a culpable...

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