JACOBS v. STATE

No. 01-09-01150-CR.

355 S.W.3d 99 (2011)

Jake Robert JACOBS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled May 2, 2011.

Discretionary Review Dismissed August 24, 2011.


Attorney(s) appearing for the Case

Michael A. McEnrue , Houston, TX, for Appellant.

Jessica A. McDonald , Assistant District Attorney, Patricia R. Lykos , Harris County District Attorney, Houston, TX, for Appellee.

Panel consists of Justices KEYES, HIGLEY, and BLAND.


OPINION

JANE BLAND, Justice.

A jury found appellant Jake Robert Jacobs guilty of sexual assault of a child younger than seventeen years of age, and assessed a sentence of twenty years' confinement. TEX. PENAL CODE ANN. § 22.01(a)(2)(D) (Vernon Supp.2010). In his sole issue on appeal, Jacobs contends that the trial court erred and committed egregious harm by failing to instruct the jury that the defendant must know that his victim was under seventeen...

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