Escarcega v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Presiding Judge.

On March 19, 1985, appellant was convicted by a jury for the offense of aggravated sexual assault. Punishment was assessed at ten years’ in the Texas Department of Corrections. The jury, however, recommended that imposition of sentence be suspended and appellant be placed on adult probation for the same period.

On appeal, the El Paso Court of Appeals reversed appellant’s conviction. The court found the jurors at appellant’s trial disregarded instructions given them by the judge regarding the restriction of…