Stephens v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was convicted of aggravated rape1 and sentenced by the jury to twelve years imprisonment in the Texas Department of Corrections. The Dallas Court of Appeals found the evidence insufficient to support the conviction and consequently reversed and ordered a judgment of acquittal entered. Stephens v. State, 683 S.W.2d 23 (Tex.App.—Dallas 1984). Burks v. United States, 437 U.S. 1, 98 S.Ct. 2141, 57 L.Ed.2d 1 (1978); Greene v. Massey, 437 U.S. 19, 98 S.Ct. 2151, 57 L.Ed.2d 15 (1978). We granted the State’s petition in…