Arevalo v. State

OPINION ON SECOND REMAND FROM THE COURT OF CRIMINAL APPEALS

TIM TAFT, Justice.

Appellant, Esteban Arevalo, was indicted for two counts of aggravated sexual assault. Upon State’s request, over appellant’s objection, the trial court submitted jury instructions for the lesser included offense of sexual assault in each count. The jury found appellant guilty of sexual assault in count one and aggravated sexual assault in count two. The trial court, having found true the enhancement paragraph alleging a prior conviction for aggravated rape, assessed punishment at 75 years in prison. 1

On appeal, we…