Brown v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

DUNCAN, Judge.

The appellant was convicted by a jury of the offense of rape and after it found the enhancement paragraph to be true the jury assessed punishment at thirty-five years in the penitentiary.

The appellant’s conviction was affirmed by the court of appeals. Brown v. State, 692 S.W.2d 146 (Tex.App.—Houston [1st] 1985, pet. granted). We granted the ap*740pellant’s petition for discretionary review to review the following ground for review:

Whether the Court of Appeals erroneously concluded that the Trial Court was proper in admitting…