Martinez v. State

OPINION

TERRY JENNINGS, Justice.

We withdraw our December 1, 2005 opinion, substitute this opinion in its place, and vacate our December 1, 2005 judgment. 1 A jury found appellant, Jose Ro lando Martinez, guilty of the offense of aggravated sexual assault of a child 2 and assessed his punishment at confinement for 50 years. In two issues, appellant contends that the trial court erred in submitting a jury charge that allowed a conviction upon a disjunctive finding between two separate offenses and in failing to give the jury the required burden of proof instructions regarding extraneous offense…