Smiley v. State

OPINION

ELSA ALCALA, Justice.

Appellant, Alfred Allen Smiley, was charged by indictment with aggravated sexual assault for unlawfully causing his sexual organ to penetrate the mouth and female sexual organ of the complainant by the use of physical force and violence, and, in the course of the same criminal episode, using and exhibiting a deadly weapon, namely a box cutter. Appellant pleaded not guilty, asserting that the sexual contact was consensual. A jury convicted appellant and assessed punishment at 25 years’ confinement. In his first issue, appellant contends that a prosecutor’s…