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Court of Criminal Appeals frees sexual assault convict

Posted on August 10th, 2011 No Comments

Travis County officials recently ordered the release of a man convicted of sexual assault of a child in 1992.  The former businessman was convicted of assault of a 14-year old boy in his home in Austin and sentenced to spend 10 years in jail.

While released on bond, the Austin man appealed the conviction.  The appeals lasted until April 1995 when a court upheld the conviction.  The man attempted to turn himself in over the next few months but officers turned him away because there was no arrest warrant issued for him.

The man later moved to Houston and in 2002 filed an appeal to have his sentence discharged.  This appeal was dismissed because he was never in custody for the conviction.

Most recently, just this past March, police finally brought the man into custody to serve his 10-year sentence.  Once again, the man filed an appeal.  This time the appeal claimed that his sentence should be discharged because officers failed to issue a timely arrest warrant.

Today, in a unanimous decision, the Texas Court of Criminal Appeals ordered the man’s immediate release stating that he “did not violate any conditions of his appellate bond and in fact tried to turn himself in twice and was turned away.”

Contact the Houston child sexual molestation lawyers of Johnson, Johnson & Baer, P.C. at 713-523-0404 today, if you or someone you know has been charged with sexual assault of a child.