Peak v. State

*16MAJORITY OPINION

SEYMORE, Justice.

Appellant, Brian Peak, was indicted for the offense of sexual assault of a child. Tex. Pen.Code Ann. § 22.011(a)(2) (Vernon Supp.2000). A jury subsequently found appellant guilty and assessed punishment at eight years confinement in the institutional division of TDCJ. Challenging his conviction, appellant now raises three issues for review. We reverse and remand for a new trial.

Background

Prior to conviction, appellant resided with his wife, two children, and one stepdaughter — complainant Brittany Boone. Sometime during the later part of April 1998,…