Cooper v. State

A jury convicted appellant of two counts of aggravated assault involving two minors on separate dates. After appellant pled true to an enhancement paragraph, the trial judge assessed punishment at seventy-eight years’ confinement in the Institutional Division of the Texas Department of Corrections and a $10,000 fine. On appeal the Beaumont Court of Appeals reversed and remanded for a new trial holding that admission of evidence that appellant forced the children’s mother to have anal intercourse was violative of Texas Rule of Criminal Evidence 404(b) in that it “was intended to prove nothing…