Gonzales V. State

This is an appeal from a jury verdict finding appellant, Richard T. Gonzales, guilty of sexual assault. See generally Tex. Penal Code Ann. § 22.011(a) (Vernon 1994 & Supp. 1999). The trial court entered judgment and sentenced appellant to fifteen years in the Texas Department of Criminal Justice, Institutional Division. On appeal, appellant asserts that (1) the evidence was both legally and factually insufficient to support the verdict; (2) under Leday v. State, 983 S.W.2d 713 (Tex. Crim. App. 1998), the present case should be reversed and remanded for a new punishment hearing; and (3) no evidence existed to support the trial court's judgment that appellant is guilty of aggravated sexual assault of a child. See Tex. Penal Code Ann. 22.011(a)(2) (Vernon 1994 & Supp. 1999). We affirm the judgment of the trial court as modified.