Benton, Kip Lee

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-72,123-03 Ex parte KIP LEE BENTON, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 29901CR-C TH IN THE 40 DISTRICT COURT FROM ELLIS COUNTY K ELLER, P.J., filed a dissenting opinion in which S LAUGHTER, J., joined as to Part C only. In this subsequent habeas application, Applicant claims that his convictions for aggravated sexual assault are invalid because the element in his cases that elevates sexual assault to aggravated sexual assault was not part of the statute at the time he committed the offenses. The habeas court has…