Sanders v. State

KIDD, Justice.

Appellant, James Bolivar Sanders Jr., was convicted of aggravated sexual assault. In his original appeal, this Court affirmed the judgment as to guilt, but remanded the case for a new trial on punishment. 1 On the punishment retrial, the jury sentenced appellant to eighty years’ confinement in the Institutional Division of the Texas Department of Criminal Justice.

FACTUAL AND PROCEDURAL BACKGROUND

The offense in this cause occurred on January 16, 1987, when appellant forced himself into complainant’s apartment, threatened her with a gun, and sexually assaulted her. Appellant was…