Benito Belmares v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-11-00121-CR

Benito Belmares, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 390TH JUDICIAL DISTRICT

NO. D-1-DC-10-301302, HONORABLE WILFORD FLOWERS, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

A jury convicted appellant Benito Belmares of the offense of aggravated sexual assault of a child. See Tex. Penal Code Ann. § 22.021 (West 2011). Punishment was assessed at 25 years' imprisonment. In a single point of error, Belmares asserts that the court's charge to the jury erroneously defined the culpable…