Bertrand v. State

DON H. REAVIS, Justice.

Upon a plea of not guilty, appellant Richard R. Bertrand was convicted by a jury of aggravated sexual assault and after pleading true to two enhancements, punishment was assessed at 50 years confinement. By two issues, appellant contends 1) the trial court erred in failing to charge the jury on “mistake of fact,” and 2) trial counsel’s failure to preserve a key objection to the charge concerning “mistake of fact” denied him effective assistance of counsel. Based upon the rationale expressed herein, we affirm.

Because appellant does not challenge the sufficiency of the…