Reed v. State

OPINION

Opinion by

Justice YÁÑEZ.

A jury convicted Sam Reed of aggravated sexual assault1 in September of 1993, and assessed punishment at ten years imprisonment and a $10,000 fine. The trial judge ordered that appellant’s sentence be probated as recommended by the jury.

On appeal, this court reversed and remanded to the trial court with instructions to enter an acquittal because the evidence failed to show that the offense occurred “on or about” June 1, 1990, as charged in the indictment. The Court of Criminal Appeals granted petition for discretionary review, vacated this court’s prior…