Lopez v. State

JOHN F. ONION, JR., Justice (Retired).

Appellant Michael Lopez appeals his conviction in a bench trial for aggravated sexual assault of a child. See Tex. Pen. Code Ann. § 22.021(a)(l)(B)(i) (West Supp. 2002). Appellant’s punishment was assessed by the trial court at twelve years’ imprisonment. This appeal is another case spawned in troubled waters left in the wake of Issa v. State, 826 S.W.2d 159 (Tex.Crim.App.1992), holding that a defendant is entitled to a separate hearing on punishment following revocation of a deferred adjudication “probation.”

Points of Error

Appellant advances two points…