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SMITH v. STATE

No. 01-09-00749-CR.

340 S.W.3d 41 (2011)

Jesse James SMITH, Appellant, v. The STATE of Texas, Appellee.

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

March 10, 2011.

Attorney(s) appearing for the Case

John J. Davis , Attorney At Law, Angleton, TX, for Appellant.

David Bosserman , Assistant Criminal District Attorney, Jeri Yenne , Criminal District Attorney, Angleton, TX, for State of Texas.

Panel consists of Chief Justice RADACK and Justices ALCALA and BLAND.

OPINION

ELSA ALCALA, Justice.

Appellant, Jesse James Smith, appeals a judgment convicting him for continuous sexual assault of a child, for which he was sentenced to 70 years in prison. See TEX. PENAL CODE ANN. § 21.02 (West Supp. 2010). In six issues, appellant challenges the sufficiency of the evidence, the instruction to the jury that purportedly assumed an element of the offense, and the trial court's exclusion of text and voice messages...

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