Tobar v. State

OPINION

DORSEY, Justice.

A jury found appellant guilty of aggravated sexual assault and assessed his punishment, enhanced by a prior felony conviction, at seventy years in prison. We originally affirmed his conviction, 1 but the Court of Criminal Appeals granted appellant’s petition for discretionary review, vacated our decision, and remanded the cause to us for reconsideration in light of McCarter v. State, 837 S.W.2d 117 (Tex.Crim.App.1992). See Tobar v. State, 850 S.W.2d 182 (Tex.Crim.App.1993). We have reconsidered and now reverse appellant’s conviction and remand the cause to the trial…