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PATTERSON v. STATE

No. 60995.

598 S.W.2d 265 (1980)

Royce Colon PATTERSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

Rehearing Denied May 28, 1980.

Attorney(s) appearing for the Case

Ed Stapleton, Denton, Bill Kimble, San Angelo, for appellant.

Robert J. Glasgow, Dist. Atty., and Robert S. Lee, Asst. Dist. Atty., Stephenville, Robert Huttash, State's Atty., Austin, for the State.

Before ODOM, PHILLIPS and W. C. DAVIS, JJ.

OPINION

W. C. DAVIS, Judge.

This is an appeal from a conviction for aggravated rape. Punishment was assessed by the jury at 75 years confinement. The sufficiency of the evidence is not challenged.

The record reflects that on April 6, 1978, the complaining witness, R_____ J_____ P_____, was awakened about 2:00 a. m. when a man jumped on her back, and began repeatedly beating her on the head with a pipe. The assailant told the victim to shut up, and...

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