Gholson V. State

Charles Thomas Gholson (appellant) appeals his conviction of aggravated sexual assault. See Tex. Penal Code Ann. § 22.021(a) (Vernon 1994). After finding him guilty, the jury assessed appellant's punishment at forty years' confinement in the Texas Department of Criminal Justice, Institutional Division. See Tex. Penal Code Ann. § 12.32(a) (Vernon 1994). Appellant brings four points of error on appeal. In his first point of error, appellant claims the trial court erred in failing to instruct the jury during the punishment phase that it could not consider evidence of an extraneous offense unless it believed beyond a reasonable doubt that appellant committed the offense. In his second point of error, appellant asserts the trial court erred in failing to include a definition of "beyond a reasonable doubt" in the punishment charge. In his third point of error, appellant claims his trial counsel rendered ineffective assistance by failing to object to the defective punishment jury charge. In point of error four, appellant argues the trial court erred in refusing his request for a lesser included offense in the jury charge. We affirm.