Huizar v. State

OPINION ON REHEARING

MEYERS, J.,

delivered the unanimous opinion of the Court.

The Court granted rehearing on our own motion. Our previous opinion is withdrawn.

Appellant was convicted of aggravated sexual assault, sentenced to confinement for 99 years and assessed a fine of $10,000. The Court of Appeals affirmed the conviction, but vacated the sentence and remanded to the trial court for a new punishment hearing. Huizar v. State, 966 S.W.2d 702 (Tex.App.—San Antonio 1998). We granted the State’s petitions for discretionary review to address whether a trial court should, under Code of Criminal…