Tony Cervantes v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-04-00694-CR Tony Cervantes, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF MILAM COUNTY, 20TH JUDICIAL DISTRICT NO. CR20,901, HONORABLE EDWARD P. MAGRE, JUDGE PRESIDING MEMORANDUM OPINION Appellant Tony Cervantes was indicted for aggravated sexual assault of a child and indecency with a child. See

Tex. Pen. Code Ann. § 22.021(a)(1) (West Supp. 2005) (aggravated sexual assault of a child);

Tex. Pen. Code Ann. § 21.11(a) (West 2003) (indecency with a child). At trial, the jury found Cervantes guilty of indecency with a…