Montoya v. State

OPINION ON REHEARING

BURNETT, Justice.

We withdraw our opinion of March 30, 1992, and vacate the judgment of March 30, 1992. The following are now the court’s opinion and judgment.

Miguel Montoya appeals his jury conviction for the aggravated sexual assault of Lora Brooks, a child younger than fourteen years old. The jury assessed punishment at ninety-nine years’ confinement in the state penitentiary. Montoya brings fourteen points of error on appeal. In two points of error, he contends that the evidence is insufficient because of fatal variances between the indictment and the proof at trial. In…