Bryan v. State

OPINION

THOMAS, Chief Justice.

Appellant was convicted of sexual assault, and a jury assessed his punishment at ten years in prison, probated, and a $10,000 fine. See Tex.Penal Code Ann. § 22.011(a)(2)(A) (Vernon 1989). Points on appeal relate to the charge. The judgment will be affirmed.

Appellant claims that the evidence showed that he formed a reasonable belief that the fifteen-year-old victim was promiscuous. He objected that the charge failed to include “mistake of fact” as a defensive issue and requested that the court submit the defense to the jury. His first point is that the court erred…