Whatley v. State

OPINION

which KELLER, P.J., PRICE, WOMACK, KEASLER, HERYEY, COCHRAN, and ALCALÁ, JJ., joined.

■ A Van Zandt County jury found appellant guilty of aggravated sexual assault of a child by touching and sentenced him to fifty years’ imprisonment. On direct appeal, appellant claimed that the evidence was. legally insufficient to support his conviction because the state did not offer evidence disputing his claim that he was asleep at the time and that his actions were therefore involuntary. The court of appeals agreed, and it reversed the judgment of the trial court and entered a judgment acquitting…