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BARSHAW v. STATE

No. 03-09-00079-CR.

320 S.W.3d 625 (2010)

Mark David BARSHAW, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

August 31, 2010.

Attorney(s) appearing for the Case

Scott K. Stevens , Stevens & Stevens, Attorneys at Law, P.C., Gatesville, TX, for Appellant.

Bob D. Odom , Assistant District Attorney, Belton, TX, for Appellee.

Before Chief Justice JONES, Justices WALDROP and HENSON.

OPINION

J. WOODFIN JONES, Chief Justice.

A jury found appellant Mark David Barshaw guilty of sexual assault, and the trial court assessed his punishment at twelve years' imprisonment. We reverse the judgment of conviction and remand for a new trial because the trial court permitted an expert witness to testify that the class of persons to which the complainant belongs tends to be truthful.

BACKGROUND

On December 18, 2007, the complaining...

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