Rider v. State

McCRAW, Justice.

Cedric Leonard Rider was found guilty by a jury of the felony offense of sexual assault. The court, after finding an enhancement paragraph of the indictment to be true, assessed punishment at forty years’ penitentiary confinement. In two points of error, appellant contends (1) that the evidence is insufficient to support the jury’s verdict that the sexual assault at issue was without the victim’s consent; and (2) that the trial court erred in submitting a charge to the jury concerning a theory of consent not supported in the evidence at trial. For the reasons below, we affirm.

A…