McGahey v. State

OPINION

FARRIS, Justice.

Appellant, Andrew Swanner McGahey, was convicted of the offense of aggravated sexual assault. See TEX.PENAL CODE ANN. sec. 22.021 (Vernon Supp.1987). Punishment was assessed at thirty-five years in the Texas Department of Corrections.

Appellant’s sole contention on appeal is that the trial court should have charged the jury as to the lesser included offense of sexual assault. See TEX.PENAL CODE ANN. sec. 22.011 (Vernon Supp.1987). In determining whether appellant was entitled to a charge on a lesser included offense, we are required to consider all the evidence presented…