Arevalo v. State

OPINION

TAFT, Justice.

Appellant was indicted for two counts of aggravated sexual assault under former Tex.Penal Code Ann. § 22.021. 1 A jury convicted him of the charged offense on count two and of the lesser included offense of sexual assault on count one. 2 The court found the enhancement paragraph alleging a prior conviction for aggravated rape true, and assessed appellant’s punishment at 75 years in prison on each count. Of his five points of error, the paramount issue concerns whether the trial court erred by submitting the lesser included offense of sexual assault to the jury on each…