Virgil Leroy Johnson v. State Texas

Following a plea of not guilty, appellant, Virgil Johnson, was found guilty of aggravated sexual assault of a child by the trial court. Appellant pled true to one enhancement allegation, and the court sentenced appellant to 30 years in prison. Appellant presents two points of error for our review: (1) the evidence is insufficient to support a conviction, and (2) appellant should have been convicted of sexual assault, Tex. Penal Code Ann. 22.011(a)(2)(C) (Vernon 1989), rather than aggravated sexual assault, Tex. Penal Code Ann. 22.021(a)(1)(B)(iii) (Vernon 1989). We affirm.