Brown v. State

OPINION

SEERDEN, Chief Justice.

Darwin Louis Brown appeals his conviction for aggravated sexual assault. The jury assessed punishment at twenty-five years in prison and a $10,000 fine. Brown raises three points of error, complaining of (1) failure to instruct on a lesser included offense, (2) the State’s use of its peremptory challenges, and (3) admission of his statement into evidence. We affirm.

The victim testified that in the early morning hours of October 12, 1994, she awoke to some “rustling” sounds in her apartment, followed by the sight of a man coming toward her in bed. She began to…