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Gonzalez v. State

Appellant appeals a judgment finding him guilty of sexual assault and aggravated sexual assault. The evidence is sufficient; the indictment is not materially defective; appellant's conviction for sexual assault is not precluded by double jeopardy; the state's jury arguments were proper; and appellant has failed to show any harm from the omission of the witness from the state's notice of intent to introduce extraneous offenses. Therefore, the trial court's judgment is affirmed. Houston's 1st Court of Appeals, Nos. 01-09-00844-CR, 01-09-00845-CR, 03-17-2011

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OPINION

Appellant, Dennis Gonzalez, appeals a judgment finding him guilty of sexual assault for penetrating the complainant’s sexual organ and aggravated sexual assault for penetrating the complainant’s anus. See TEX. PENAL CODE ANN.§§ 22.011(a)(1)(A), 22.021(a)(1)(A)(i) (West 2007). In five issues, appellant contends that the evidence establishing aggravated sexual assault is legally and factually insufficient; that the indictment concerning penetration of the complainant’s sexual organ is materially defective; that his conviction for sexual assault of the complainant’s sexual organ was a lesser-included offense of his conviction for aggravated sexual assault of the complainant’s anus and precluded by double jeopardy; that the State employed improper jury arguments; and that the trial court erred by admitting testimony from a witness not listed in the State’s notice of intent to introduce extraneous offenses. We conclude that the evidence is sufficient, that the indictment is not materially defective, that appellant’s conviction for sexual assault is not precluded by double jeopardy, that the State’s jury arguments were proper, and that appellant has failed to show any harm from the omission of the witness from the State’s notice of intent to introduce extraneous offenses. We affirm.

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