Benito Belmares v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-11-00121-CR Benito Belmares, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 390TH JUDICIAL DISTRICT NO. D-1-DC-10-301302, HONORABLE WILFORD FLOWERS, JUDGE PRESIDING MEMORANDUM OPINION A jury convicted appellant Benito Belmares of the offense of aggravated sexual assault of a child. See

Tex. Penal Code Ann. § 22.021

(West 2011). Punishment was assessed at 25 years’ imprisonment. In a single point of error, Belmares asserts that the court’s charge to the jury erroneously defined the culpable mental…