Alberto Perales Alvarez v. State Texas

This is an appeal from a conviction for rape. Punishment is three years imprisonment. On original submission a divided panel held that the evidence presented at trial was insufficient to support conviction. On the States motion for rehearing the court en banc reversed and remanded the cause holding fundamental error existed in the jury charge. On States motion for rehearing the court expressly held sufficient evidence existed to support the conviction. Due to our disposition of this cause on the States motion for rehearing, we now find it necessary to address a ground of error which was previously unanswered due to the panels resolution of the case.