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STATE v. SANCHEZ

No. 08-11-00380-CR.

393 S.W.3d 798 (2012)

The STATE of Texas, Appellant, v. Gilbert SANCHEZ, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled November 7, 2012.

Discretionary Review Refused April 10, 2013.

Attorney(s) appearing for the Case

Jaime E. Esparza , District Attorney, El Paso, TX, for Appellant.

Matthew DeKoatz , Attorney at Law, for Appellee.

Before McCLURE, C.J., RIVERA, and ANTCLIFF, JJ.

OPINION

CHRISTOPHER ANTCLIFF, Justice.

Gilbert Sanchez was convicted of aggravated sexual assault of Jeanette Ribail. Sanchez moved for a new trial asserting, among other bases, that the jury charge was erroneous. Agreeing that the charge was erroneous, the trial court granted the motion for new trial. The State of Texas now appeals, arguing that the trial court erred by granting the motion for new trial because Sanchez did not establish that he was...

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