Ormand v. State

OPINION

DORSEY, Justice.

Appellant was convicted of sexual assault of a child and received as punishment a $5,000 fine and ten years confinement, with the confinement being probated.

The prosecution was based on TEX.PENAL CODE ANN. § 22.011 (Vernon Supp. 1985) 1 . The undisputed evidence is that the appellant, a 26-year old high school coach, had sexual intercourse with M.H., a 15-year old female student. Appellant admitted having sexual intercourse with M.H. as alleged in the indictment, but asserted as his defense, in accordance with TEX.PENAL CODE ANN. 22.011(d)(1), 2 that M.H. engaged…