Capello v. State

ABOUSSIE, Justice.

A jury found appellant guilty of aggravated sexual assault under Tex.Pen.Code Ann. § 22.021(a)(2) (1989) and assessed punishment at twenty-four years confinement in the Texas Department of Corrections. The trial court rendered judgment in accordance with the verdict, along with a finding of use of a deadly weapon. We will reform the judgment of conviction and, as reformed, affirm.

The offense occurred in the early morning of June 9, 1986, in Lockhart, Caldwell County, Texas. The assailant entered a home where the victim cared for an invalid woman, awakened the victim,…