Legal Opinion

Fowler v. State

Texas Court of Appeals, 9th District (Beaumont)

Decided January 14, 2004No. 09-02-462-CRPublishedCited by 32 opinions

1Opinion of the Court

OPINION

DAVID B. GAULTNEY, Justice.

Under a single indictment, appellant was convicted by a jury of three counts of Aggravated Sexual Assault. See Tex. Penal Code ANN § 22.021(a)(1)(B), (2)(B) (Vernon 2003). On each count, the punishment assessed by the jury was identical: confinement for life in the Texas Department of Criminal Justice — -Institutional Di*309vision. Three issues are presented for our consideration.

Issue one complains that the application paragraphs of each of the jury instructions omitted the phrase “and not the spouse of the Defendant,” as alleged in each count of the indictment.…

2Cases cited11 opinions

  1. Almanza v. StateCourt of Criminal Appeals of Texas · 1985
  2. Malik v. StateCourt of Criminal Appeals of Texas · 1997
  3. Jones v. StateCourt of Criminal Appeals of Texas · 1996
  4. Wilson v. StateCourt of Criminal Appeals of Texas · 2002
  5. Rogers v. StateCourt of Criminal Appeals of Texas · 1999

6 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Ward v. DretkeCourt of Appeals for the Fifth Circuit · 2005
  2. McClure v. State, Texas Court of Appeals, 6th District (Texarkana)2008
  3. Taylor v. StateCourt of Appeals of Texas · 2004
  4. Rodriguez v. State, Texas Court of Appeals, 10th District (Waco)2011
  5. Gillie v. State, Texas Court of Appeals, 10th District (Waco)2005

27 more not listed; retrieve them via the Exa API.

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