Jenkins v. State

OPINION

BLARDBERGER, Chief Justice.

INTRODUCTION

Milton Jenkins was charged with three counts of aggravated sexual assault. Trial was to the jury, which found him guilty as charged, denied his application for probation, and assessed punishment at twenty years confinement for each count, with the sentences to run concurrently. Milton filed a motion for new trial, which was overruled by operation of law, and timely perfected this appeal. We affirm the judgment of the trial court as to count three, but reverse and render on counts one and two.

FACTS

On March 31, 1994, Angel Jenkins, an eight-year-old…