Harvey C. Fortune v. State Texas

In a single indictment, the Appellant was charged with burglary of a habitation with the intent to commit the felony offense of sexual assault and, by a separate count, the Appellant was charged with aggravated sexual assault against one S.B., the victim, without her consent and during said aggravated sexual assault, using and exhibiting a deadly weapon, a knife which, in its manner of use and intended use, was capable of causing death or serious bodily injury.