Cravens v. State

*749OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant was convicted by a jury of two counts of rape of a child pursuant to former V.T.C.A. Penal Code, § 21.09.1 Punishment was assessed by the court at 12 years confinement in the Texas Department of Corrections. On appeal, the Houston Court of Appeals affirmed the conviction in a published opinion. Cravens v. State, 663 S.W.2d 668 (Tex.App.—Houston [1st Dist.] 1983).

We granted appellant’s petition for discretionary review to examine the continued viability of the holding of cases like Smith v. State, 86 Tex.Crim. 455,…