Joe Alviar, Jr. v. State

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN

NO. 3-91-578-CR

JOE ALVIAR, JR.,

APPELLANT

vs.

THE STATE OF TEXAS,

APPELLEE

FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT

NO. 40,555, HONORABLE RICK MORRIS, JUDGE PRESIDING

Over a plea of not guilty, the jury found appellant Joe Alviar, Jr. guilty of aggravated sexual assault. See Tex. Penal Code Ann. § 22.021(a)(1)(B) (1989). The trial court sentenced Alviar to fifty-years imprisonment. He appeals. We will reverse the judgment of the trial court and remand the cause for a new trial.

THE CONTROVERSY

Alviar was indicted and…