Tamminen v. State

Appellant was convicted of aggravated rape by a jury. His punishment, enhanced by allegation and proof of a prior robbery conviction, was assessed by the court at ninety-nine (99) years’ confinement.

On appeal a panel of the San Antonio Court of Appeals affirmed the judgment, but vacated the sentence and remanded the cause to the trial court for the re-assessment of punishment by another district judge, the original trial judge being held disqualified. In assaying appellant’s eighth ground of error, the appellate court found the prosecutor guilty of reprehensible pros-ecutorial misconduct, and…