Hernandez v. State

OPINION

CANTU, Justice.

This is an appeal from a conviction for rape of a child. In a bench trial, the court found appellant guilty and assessed punishment at sixteen (16) years’ confinement.

Appellant and the minor victim’s mother were both indicted for this offense. In pertinent part, the indictment alleged,

[T]hat Ralph Hernandez and Ema G._ C_ on or about the 28th day of April, A.D. 1978, and anterior to the presentment of this Indictment, in the county and State aforesaid, did then and there unlawfully, intentionally and knowingly have sexual intercourse with N-C-, a female younger than 17…