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ARIAS v. STATE

No. 04-15-00753-CR.

503 S.W.3d 523 (2016)

Omar Benitez ARIAS, Appellant v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Delivered and Filed: September 14, 2016.

Attorney(s) appearing for the Case

Leonard Martinez , Attorney at Law, Austin, TX, for Appellant.

Stacie Keeble , The Law Office of Patrick O'Fiel, P.C., Kerrville, TX, E. Bruce Curry , District Attorney — 216th Judicial District, Steven A. Wadsworth , Assistant District Attorney — 216th Judicial District, Kerrville, TX, for Appellee.

Sitting: Karen Angelini, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice.

OPINION

Omar Benitez Arias was charged by indictment with sexual assault of a child pursuant to section 22.011(a)(2)(C) of the Texas Penal Code.1 He filed a motion to quash the indictment, arguing that section 22.011(a)(2)(C) is unconstitutional on its face and as applied. After the...

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