Rodasti v. State

OPINION

DUGGAN, Justice.

The Court of Criminal Appeals has remanded Rodasti v. State, 749 S.W.2d 161 (Tex.App.— Houston [1st Dist.] 1988) (Ro-dasti I), remanded per curiam, Rodasti v. State, 786 S.W.2d 294 (Tex.Crim.App.1989) (Rodasti II), to us for further consideration of appellant’s points of error in light of Dingler v. State, 768 S.W.2d 305 (Tex.Crim.App.1989). We withdraw our prior opinion in Rodasti I, and substitute the following one. We affirm in part, reverse in part, and remand for another punishment hearing.

A jury found appellant guilty of aggravated sexual assault with the use of a…