Todd v. State

OPINION

CLINTON, Judge.

This appeal follows conviction for the offense of aggravated rape. Upon the jury’s finding that the allegations contained in two enhancement paragraphs of the indictment were true, the trial court assessed appellant’s punishment at life confinement pursuant to V.T.C.A. Penal Code, § 12.42(d).

The State’s evidence established that on May 9, 1977, between 8:30 and 9:00 a. m., the complainant answered a knock at her upstairs apartment door. A man identified by complainant as appellant advised her that he was there to exterminate the apartment. Complainant replied that she…