Mathonican v. State

OPINION

Opinion by

Chief Justice MORRISS.

The State charged Earl Edward Ma-thonican with the crime of sexually assaulting J.M. by causing three distinct penile penetrations without J.M.’s consent — J.M. penetrating Mathonican’s anus and mouth, and Mathonican penetrating J.M.’s mouth. See Tex. Pen.Code Ann. § 22.011 (Vernon Supp.2005). The State also sought and obtained a jury finding that, during the commission of the offenses, Mathonican used or exhibited a deadly weapon, that is, his HIV-positive seminal fluid.1 After convicting Mathonican, the jury assessed his punishment at ninety-seven…