Arevalo v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

Appellant was convicted of sexual assault and aggravated sexual assault and sentenced to confinement for seventy-five years in each case. The Court of Appeals affirmed the convictions, holding that the trial court did not err by submitting the lesser included offense of sexual assault over Appellant’s objection that it was not raised by the evidence. Arevalo v. State, 918 S.W.2d 46 (Tex.App.—Houston [1st Dist.] 1996). We granted Appellant’s petition for discretionary review and held that the State is bound by the second prong of the…