Klein, Nicholas George

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-502-06

NICHOLAS GEORGE KLEIN, Appellant

v.

THE STATE OF TEXAS

ON STATE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE SECOND COURT OF APPEALS

DENTON COUNTY

Hervey, J., delivered the opinion of the Court in which Keller, P.J., Meyers, Keasler and Holcomb, JJ., joined. Price, J., filed a concurring and dissenting opinion in which Womack, Johnson and Cochran, JJ., joined. Cochran, J., filed a dissenting opinion in which Price, Womack and Johnson, JJ., joined.

O P I N I O N

Appellant was charged in an eight-count indictment with aggravated sexual assault of a…