Brewer v. State

Carley, Justice.

For the alleged commission of a single act of sodomy on his 11-year-old stepdaughter, the grand jury indicted David Roy Brewer on alternative counts of aggravated sodomy and aggravated child moles*606tation. A jury returned guilty verdicts on both counts. Merging the aggravated child molestation into the aggravated sodomy, the trial court sentenced Brewer only for the latter offense. On appeal, Brewer challenged his conviction for aggravated sodomy on the ground that there was no evidence that, in addition to being against the will of the victim, the act of sodomy also was…