Johnson v. State

OPINION

PAUL PRESSLER, Justice.

This is an appeal from a conviction of aggravated sexual assault. We reverse.

Appellant was indicted on January 12, 1984, for the offense of sexual assault of a child under the age of seventeen, a second degree felony. On August 23, appellant was reindicted for aggravated sexual assault of a child under the age of fourteen, a first degree felony. The reindictment concerned the same alleged offense, but stated that the victim was thirteen years of age at the time of the offense. Appellant was convicted under the second indictment and was sentenced to thirty years…