Danny Marshall Morgan v. State Texas

Appellant was indicted for the offense of indecency with a child in that on November 28, 1981 he "did unlawfully, knowingly and intentionally engage in sexual contact with [complainant], a child then younger than 17 years, and not then the spouse of [appellant], by contact between the hand of [appellant] and the genitals of complainant, with the intent to arouse and gratify the sexual desire of [appellant]." V.T.C.A. Penal Code, ? 21.11(a)(1). Trial before the court was combined with a revocation hearing for a 1978 conviction for indecency with a child, for which appellant had been placed on probation. The trial court convicted appellant of the instant offense and assessed a ten year sentence, which was probated. Appellants earlier probation was revoked, however, and a five year sentence imposed.