Yzaguirre v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Presiding Judge, and MANSFIELD, PRICE, HOLLAND and WOMACK, Judges, joined.

Appellant was convicted of aggravated sexual assault of a child by anal intercourse. The indictment alleged that the offense occurred “on or about April 23,1995.” However, the State introduced no evidence of such conduct occurring on April 23, 1995. Instead, the State elicited testimony from the child that around the Thanksgiving holidays during the preceding year, “[appellant] put his penis in my rear,” and an affirmation that he remembered “other times…