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STEWART v. STATE

No. 06-08-00009-CR.

293 S.W.3d 853 (2009)

William James STEWART, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided July 31, 2009.

Rehearing Overruled August 26, 2009.

Attorney(s) appearing for the Case

Dan Wood, Jr., Terrell, for appellant.

Amber Paige Dusenberry, Asst. Dist. Atty., Leslie P. Dixon, Dist. Atty., Canton, for appellee.

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

OPINION

Opinion by Chief Justice MORRISS.

In a Van Zandt County1 jury trial, William James Stewart was convicted of sexual assault of a child under seventeen years of age. See TEX. PENAL CODE ANN. § 22.011(a)(2) (Vernon Supp. 2008). During the punishment phase of trial, without objection, the jury was erroneously charged with an incorrect statutory alternative regarding parole law. See TEX.CODE CRIM. PROC....

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