Turner v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

DUNCAN, Judge.

Appellant was convicted by a jury of the offense of aggravated sexual assault of a child, as alleged in the indictment. V.T. C.A. Penal Code, Sec. 22.021(a)(5) (1983). Thereafter, the jury assessed his punishment at confinement in the Texas Department of Corrections for a term of forty-five (45) years.

The Beaumont Court of Appeals reversed appellant’s conviction, holding that the trial court, over the appellant’s objection, had erred by instructing the jury “that the defendant may be convicted if you believe ... that he…