Martinez v. State

OPINION

ROBERTS, Judge.

A jury found the appellant guilty of indecency with a child, a felony of the third degree. 1 The court assessed a punishment of three years’ confinement.

The appellant was indicted for sexual abuse of a child, a felony of the second degree. 2 The indictment alleged that on or about April 26,1976, he “did then and there with intent to arouse and gratify the sexual desire of the said JESUS JAIME MARTINEZ engage in deviate sexual intercourse by then and there placing his genitals in contact with the mouth of [a certain person], a male child younger than 17 years of age; . .…