Garcia v. State

OPINION

WARD, Justice.

This is an appeal from a conviction for rape, alleged to have occurred on April 10, 1979. The jury assessed punishment at eighteen years confinement. We affirm the conviction.

The theory of culpability, as alleged in the indictment, was that the complainant suffered from a mental defect which rendered her incapable of appraising the nature of the act of intercourse or of resisting it. Under Penal Code Section 21.02(b)(4), this condition, coupled with Appellant’s knowledge of the mental incapacity, would constitute lack of consent to the act.

Appellant’s two grounds of error…