Flores v. State

OPINION

DORSEY, Justice.

A jury found appellant, Gilberto Flores, guilty of aggravated sexual assault of a child and assessed punishment at 45 years’ imprisonment. Appellant now challenges his conviction by seven points of error. We reverse.

By his first point of error, appellant contends the indictment is fundamentally defective in that it fails to allege the penetration of the “female” sexual organ as set forth in Tex.Penal Code Ann. § 22.021 (Vernon 1989). No motion to quash was filed.

The indictment reads as follows:

THE GRAND JURY, for the County of Matagorda, State of Texas ... upon their…