Carter v. State

OPINION ON MOTION FOR REHEARING

FENDER, Chief Justice.

In the State’s Motion for Rehearing they contend that this Court incorrectly reversed appellant, Travis Carter, Jr.’s, conviction for aggravated sexual assault. See TEX.PENAL CODE ANN. sec. 22.021 (Vernon Supp.1986). We reversed the conviction holding that:

Aggravating circumstances are only present when an express verbal threat to kill is made, a deadly weapon exhibited, or a serious bodily injury was, in fact, inflicted.

We cited Rucker v. State, 599 S.W.2d 581 (Tex.Crim.App.1979) and Rogers v. State, 575 S.W.2d 555 (Tex.Crim.App.1979) in…