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BYRNE v. STATE

No. 04-11-00150-CR.

358 S.W.3d 745 (2011)

Sonny Ray BYRNE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

November 16, 2011.

Attorney(s) appearing for the Case

Vincent D. Callahan , Attorney At Law, San Antonio, TX, for Appellant.

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

Sitting: CATHERINE STONE, Chief Justice, PHYLIS J. SPEEDLIN, Justice, MARIALYN BARNARD, Justice.

OPINION

Opinion by: MARIALYN BARNARD, Justice.

Appellant Sonny Ray Byrne was charged with sexual assault of a child under section 22.011(a)(2)(A) of the Texas Penal Code, Texas's strict liability child sexual assault provision (the statutory rape statute). After the trial court denied his pre-trial motion to quash the indictment, which challenged the constitutionality of the statute under the due process clause...

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