Peake v. State

OPINION ON REMAND FROM THE COURT OF CRIMINAL APPEALS

MIRABAL, Justice.

The Court of Criminal Appeals has remanded this case for further consideration of appellant’s remaining points of error. Peake v. State, 755 S.W.2d 541 (Tex.App.—Houston [1st Dist.] 1988) (Peake I), remanded, Peake v. State, 792 S.W.2d 456 (Tex.Crim.App.1990) (Peake II).1

Appellant was convicted by a jury of indecency with a child. Tex.Penal Code Ann. § 21.11(a)(1) (Vernon 1989). The jury also assessed his punishment at 12 years confinement and a $5,000 fine. We reverse and remand for a new punishment hearing.

On direct…