Kelley v. State

OPINION ON REMAND

JOHN CAYCE, Chief Justice.

BACKGROUND

Appellant was convicted by a jury of sexual assault of a child and two counts of indecency'with a child by contact. The trial court then assessed his punishment at twenty years’ confinement for each offense. 1 On original submission, this court followed the decision of the court of criminal appeals in DeGarmo v. State, 691 S.W.2d 657, 661 (Tex.Crim.App.1985), and held appellant waived his right to complain about the jury charge at the guilt-innocence phase of his trial by taking the witness stand and confessing his guilt during the…