Capps v. State

OPINION

WARD, Justice.

This is an appeal from a conviction for aggravated rape. The jury assessed punishment at seventy-five years imprisonment. We affirm.

In Grounds of Error Nos. One, Two and Three, Appellant contends the evidence was insufficient to support a finding of aggravation by threat of imminent serious bodily injury or death. Appellant relies upon Blount v. State, 542 S.W.2d 164 (Tex. Crim.App.1976) for the rule that a conditional threat of death if the crime were reported does not equate to a threat used to compel submission to the sexual act itself. We must examine the present…