Walston v. State

OPINION

TIJERINA, Justice.

This is an appeal from a conviction for burglary of a habitation with intent to commit rape. The jury found appellant guilty as charged and the court assessed the punishment at sixty (60) years’ confinement.

The evidence shows that the complainant was awakened by a man standing by her bed. She was forced to perform oral sex on the intruder and thereafter was raped. Because she was afraid for her and her child’s safety, she did not resist the sexual assault. The attacker turned the light on to gather some personal items he had dropped and then the complainant led him…