Gholson v. State

OPINION

JOHN S. ANDERSON, Justice.

Charles Thomas Gholson (appellant) appeals his conviction of aggravated sexual assault. See Tex. Penal Code Ann. § 22.021(a) (Vernon 1994). After finding him guilty, the jury assessed appellant’s punishment at forty years’ confinement in the Texas Department of Criminal Justice, Institutional Division. See Tex. Penal Code Ann. § 12.32(a) (Vernon 1994). Appellant brings four points of error on appeal. In his first point of error, appellant claims the trial court erred in failing to instruct the jury during the punishment phase that it could not consider…