Hernandez v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

OVERSTREET, Judge.

Appellant was charged by indictment with the offense of sexual assault, alleged to have been committed on or about February 8, 1985. After a trial by jury, appellant was convicted as charged. He was later sentenced by the trial court to eight years confinement.

I

SUMMARY OF PERTINENT FACTS

The State’s indictment alleged that appellant intentionally and knowingly caused the penetration of the vagina of the complainant, a person younger than seventeen years of age and not his spouse. Appellant sought to present evidence to raise…