Peake v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant was convicted by a jury of indecency with a child. V.T.C.A. Penal Code § 21.11(a)(1). The jury also assessed his punishment at twelve years confinement and a $5000 fine. On direct appeal, appellant raised nine points of error, one of which was sustained by the court of appeals, and the court of appeals reversed appellant’s conviction and remanded the cause for a new trial.1 Peake v. State, 755 S.W.2d 541 (Tex.App.-Houston [1st] 1988). We granted the State’s petition to address two intertwined issues, to wit: whether…