Martin, Brian Douglas

IN THE COURT OF CRIMINAL APPEALS

OF

TEXAS

No. PD-1545-04

BRIAN DOUGLAS MARTIN, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE NINTH COURT OF APPEALS

POLK COUNTY

Meyers, J., not participating.

O P I N I O N

A jury convicted appellant of sexual assault and sentenced him to twelve years' imprisonment. The court of appeals affirmed his conviction and sentence. Martin v. State, 144 S.W.3d 29 (Tex. App. - Beaumont 2004). We granted appellant's petition for discretionary review.

The indictment alleged that appellant had sexually assaulted the complainant by compelling…