Michael Ray Senn v. State

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
No. 02-15-00201-CR
MICHAEL RAY SENN, Appellant § On Appeal from the 213th District
Court
§
§ of Tarrant County (1308222R)
V. § October 25, 2018
§ Opinion by Justice Walker
§ Dissent by Justice Gabriel
THE STATE OF TEXAS § (p)
JUDGMENT ON REMAND AND ON REHEARING
After reviewing the State’s motion for rehearing of our opinion on remand
dated May 17, 2018, we deny the motion; withdraw our prior opinion and judgment
dated May 17, 2018; and substitute the following to clarify our prior holding.
This court has considered the record on appeal in this case and holds that there
was error in part of the trial court’s judgment. It is ordered that the judgment of the
trial court is affirmed in part, modified in part, and reversed and remanded in part.
We affirm that portion of the trial court’s judgment of conviction on Senn’s
unchallenged conviction for prohibited sexual conduct. We modify the trial court’s
judgment on Senn’s charge for sexual assault to reflect a second-degree felony. We
reverse that portion of the trial court’s judgment on Senn’s charge for sexual assault as
to punishment and remand the sexual assault case to the trial court for a new trial on
punishment only.
SECOND DISTRICT COURT OF APPEALS
By __/s/ Sue Walker___________________
Justice Sue Walker