Vasquez v. State

OPINION

MeCORMICK, Judge.

Appellant was convicted by a jury of the offense of rape of a child. The trial court assessed punishment at two years, probated.

The record reflects that appellant and the prosecutrix were “going steady” for at least a year prior to the offense, which occurred on December 5, 1976. At that time, appellant was seventeen years old and the prose-cutrix was fourteen years and nine months of age.

In his first ground of error, appellant complains that V.T.C.A. Penal Code, Section 21.09, is unconstitutional in that it violates the equal protection clause of the • Fourteenth…