Archer v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

Appellant was convicted of incest and rape of a child and was sentenced to ten years incarceration at the Texas Department of Corrections for each offense. Appellant filed separate appeals and, because they shared a common ground of error, the Waco Court of Appeals consolidated the cases. As those same grounds of error have been presented here for review we also consolidate.

The Waco Court of Appeals in an unpublished opinion overruled appellant’s ground of error concluding that while Art. 36.03, V.A.C.C.P. or “The Rule”…