Richards v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

ODOM, Judge.

Appellant was convicted of aggravated sexual abuse and the jury assessed punishment at fifty years. The Court of Appeals affirmed the conviction in an unpublished opinion. We granted appellant’s petition for review in order to consider his contention that the jury charge was fundamentally defective.

*727The indictment alleged that appellant did:

“... with intent to arouse the sexual desire of the Defendant, and by force and by threatening the imminent infliction of serious bodily injury and death to and without the consent of V_S_,…