SIMMONS v. STATE

No. 01-85-0121-CR.

707 S.W.2d 264 (1986)

Glenn Alvin SIMMONS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

March 27, 1986.


Attorney(s) appearing for the Case

Susan Spruce, Houston, for appellant.

John B. Holmes, Jr., Harris Co. Dist. Atty., J. Harvey Hudson, David Knight, Harris Co. Asst. Dist. Attys., Houston, for appellee.

Before DUGGAN, LEVY and DUNN, JJ.


OPINION

DUNN, Justice.

Appeal is taken from a conviction for aggravated rape. The jury assessed punishment at 99 years confinement and a $10,000 fine. The sufficiency of the evidence is not challenged.

In two grounds of error, appellant complains of the lack of an instruction on probation in the court's charge to the jury. Initially, he argues that the charge to the jury deprived him of a fair and impartial trial because it did not include an instruction...

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