Watson v. State

OPINION

CADENA, Chief Justice.

Appellant, Carlos Watson, was convicted of aggravated sexual assault and sentenced by jury to confinement for nine years in the Texas Department of Corrections.

Appellant argues first that his conviction should be reserved because the trial court refused to charge the jury on the issue of probation. Application for probation was timely filed, and the appellant presented uncontroverted evidence that he had never been convicted of a felony. TEX. CODE CRIM. PROC. ANN. art. 42.12, § 3a entitles a defendant to request the jury to consider him for probation only if the…