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JOHNSTON v. STATE

No. 03-03-00426-CR.

150 S.W.3d 630 (2004)

Ty JOHNSTON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

August 12, 2004.

Attorney(s) appearing for the Case

Alexander L. Calhoun, Austin, TX, for appellant.

F. C. Schneider, Criminal District Atty., Melinda E. O'Neil, Asst. Criminal District Atty., Lockhart, TX, for appellee.

Before Justices KIDD, B.A. SMITH and PEMBERTON.

OPINION

BEA ANN SMITH, Justice.

A jury found Ty Johnston guilty of four counts of injury to a child causing bodily injury and one count of injury to a child causing serious bodily injury. See Tex. Pen.Code Ann. § 22.04(a)(1), (3) (West 2003). The jury also found that Mr. Johnston used a deadly weapon in the commission of those offenses in which he caused bodily injury. The court imposed a sentence of ten years' confinement and a $5,000...

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