Bessey v. State

OPINION

Opinion by

Justice ROSS.

After a jury found him competent to stand trial, and after the State abandoned six of the ten counts in its multi-count indictment, David John Bessey faced the remaining charges alleged in the State’s indictment. The first, third, and fourth counts charged Bessey with aggravated sexual assault of a child, a first-degree felony. See Tex. Pen.Code ANN. § 12.32 (Vernon 2003) (first-degree felony punishment range); Tex. Pen.Code Ann. § 22.021 (Vernon Supp.2005) (defining offense of aggravated sexual assault). The fifth count charged Bessey with injury to a child, a…