Howell v. State

OPINION

KOEHLER, Justice.

The Appellant, Billy Clyde Howell, was convicted by a jury of sexual assault of a child and indecency with a child by contact under a two count indictment, enhanced by three prior felony convictions in Florida. The jury assessed punishment at imprisonment for forty years on each count. We affirm.

In Point of Error No. One, Appellant asserts that the indictment, having alleged two separate non-property offenses, is fundamentally defective and only the conviction on the first count may be affirmed, citing in support thereof Keimig v. State, 753 S.W.2d 400…