San Roman v. State

OPINION

KOEHLER, Justice.

Appellant was convicted by a jury of an aggravated rape alleged to have occurred on February 22, 1982. Punishment was assessed by the court at seventy-five years in prison. We reverse and remand for retrial of the punishment phase only.

The Appellant was originally convicted of aggravated rape and assessed fifty years’ punishment by a jury in October 1982. This conviction was reversed on the basis of ineffective assistance of counsel and the case remanded for retrial, 681 S.W.2d 872. When the case came up for a second trial in 1986, the Appellant pled guilty to…