Court of Appeals of Texas December 31, 1981, No. 04-81-00057-CR (Mascorro v. State)

OPINION

Before ESQUIVEL, BUTTS and CANTU, JJ.

ESQUIVEL, Justice.

This is an appeal from a conviction for aggravated rape. Punishment was assessed at 55 years.

Appellant argues that the jury was authorized and instructed to convict appellant upon a theory which did not constitute the offense of aggravated rape.