Gordon v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

Appellant was convicted of aggravated sexual assault and a jury assessed punishment at 10 years confinement in the state penitentiary probated for 8 years and a fine of $8000.00. V.T.C.A. Penal Code, § 22.021. The trial court assessed a term of not more than 120 days and not less than 60 days in the penitentiary as a condition of probation based upon the jury’s *902affirmative finding that appellant used or exhibited a deadly weapon in the commission of the offense. Article 42.12, § 3g(b), V.A.C.C.P. The conviction was…