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SHUGART v. STATE

No. 10-98-206-CR.

32 S.W.3d 355 (2000)

Shawn SHUGART, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

October 25, 2000.

Attorney(s) appearing for the Case

Walter M. Reaves, West, for appellant.

Gina M. Debottis, Special Pros. Unit, Huntsville, for appellee.

Before Chief Justice DAVIS, Justice VANCE, and Justice GRAY.

OPINION

VANCE, Justice.

Shawn Shugart was charged with two counts of aggravated assault with a deadly weapon and one count of possession of a deadly weapon in a penal institution. See Tex.Pen.Code Ann. §§ 22.02, 46.10 (Vernon 1994). The case was tried to a jury, which made no finding on count one, a finding of "not guilty" on count two, and a "guilty" finding on count three. Shugart did not elect to have the jury assess punishment. The Court...

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