Webb v. State

OPINION

COHEN, Justice.

Appellant was found guilty of aggravated sexual assault, and the trial court assessed punishment at confinement for life.

In point of error one, appellant contends that the Hon. A.D. Azios erred in assessing punishment, over objection, because he had not presided at the guilt-innocence phase of the trial. In point of error two, appellant claims that his election for the court to assess punishment was not knowingly and voluntarily made because he assumed that the judge who presided at the guilt-innocence stage would determine punishment.

Appellant's first trial resulted in…