Chapman v. State

SUBSTITUTE OPINION

CHARLES W. SEYMORE, Justice.

Appellee’s Motion for Rehearing is overruled. Our original opinion issued on August 17, 2004 is withdrawn, and we issue this substitute opinion.

Appellant, William Richard Chapman, Jr., was charged with aggravated sexual assault of K.M.F., his six-year-old stepdaughter. In appellant’s first trial, the court sua sponte concluded proceedings by announcing a mistrial because the jury was deadlocked. In appellant’s second trial, the jury found him guilty and assessed punishment at eighty-eight years’ confinement in the Texas Department of Criminal…