OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW
PER CURIAM.
Appellant was convicted of assault and sentenced to confinement for thirty days and a $300.00 fine, both of which were probated. The Court of Appeals reversed the conviction, holding that the trial court erred under Article 36.28, V.A.C.C.P., by reading testimony back to the jury without first determining whether the jurors were in dispute. DeGraff v. State,
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