MARTINEZ v. STATE

No. 04-09-00829-CR.

336 S.W.3d 338 (2010)

Daniel MARTINEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

December 22, 2010.


Attorney(s) appearing for the Case

Deborah D. Letz , Assistant Public Defender, San Antonio, TX, for Appellant.

Mary Beth Welsh , Assistant Criminal District Attorney, San Antonio, TX, for Appellee.

Sitting: KAREN ANGELINI, SANDEE BRYAN MARION, PHYLIS J. SPEEDLIN, Justices.


OPINION

Opinion by: SANDEE BRYAN MARION, Justice.

A jury found appellant, Daniel Martinez, guilty of aggravated sexual assault and assessed punishment at confinement for sixty-five years. We affirm.

BACKGROUND

On March 29, 2008, J.M. was raped while walking home. She did not know her attacker, so during the attack she bit off part of his ear lobe and kept it in her mouth until she was able to put it in her pocket, where she saved it to...

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