Chavis v. State

OPINION

J. CURTISS BROWN, Chief Justice.

Charged with aggravated sexual assault under Tex. Penal Code Ann. § 22.021 (Vernon Supp.1987), appellant was convicted by a jury of the offense of sexual assault under Tex. Penal Code Ann. § 22.011 (Vernon Supp.1987). Punishment was assessed at twenty years confinement in the Texas Department of Corrections and a fine of $10,000. In two points of error, appellant asserts that (1) sexual assault is not a lesser included offense of aggravated sexual assault and (2) the trial court’s charge to the jury was fundamentally defective in that it did not include…