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DUDLEY v. STATE

No. 05-07-01083-CR.

334 S.W.3d 20 (2008)

Sam Wesley DUDLEY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

Discretionary Review Granted January 27, 2010.

Attorney(s) appearing for the Case

George E. Ashford, III , Dallas, for Appellant.

Craig Watkins , Dallas County Dist. Atty., Shelly O'Brien Yeatts , Asst. Dist. Atty., Dallas, for State.

Before Justices MORRIS, WHITTINGTON, and O'NEILL.

OPINION

Opinion by Justice MORRIS.

After being indicted for aggravated sexual assault of a child, appellant pleaded no contest to and was convicted of indecency with a child. He now contends the evidence against him was insufficient to support the conviction and the trial court was without jurisdiction to convict him of indecency with a child because it was not a lesser included offense of aggravated sexual assault. Based on our conclusion that, in this...

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