Rubio v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for aggravated rape. V.T.C.A. Penal Code, Sec. 21.03. After finding appellant guilty the jury assessed punishment at 99 years.

The prosecutrix testified that in the early morning hours of February 22, 1975, she was alone in her car traveling on the Gulf Freeway in Houston. Appellant was driving a truck in the next lane and began honking at her. She was startled and drove over the curb onto the shoulder of the highway. Appellant pulled onto the shoulder in front of her automobile, exited his vehicle and approached her window. He told…