Wiltz v. State

*373OPINION

HUGHES, Justice.

Appeal is taken from a conviction for attempted aggravated sexual assault. Appellant pled not guilty. After hearing the evidence and argument, the jury found appellant guilty as charged in the indictment. The trial court assessed punishment at five-years incarceration.

We reverse in part and remand the case to the trial court to reassess punishment.

This is the second appeal of this cause. Appellant’s first conviction was reversed and remanded due to a Batson1 violation. Wiltz v. State, 749 S.W.2d 519 (Tex.App.—Houston [14th Dist.] 1988, no pet.).

In his first three points…