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MONTGOMERY v. STATE

No. 57246.

571 S.W.2d 18 (1978)

Donald MONTGOMERY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

September 20, 1978.

Attorney(s) appearing for the Case

James A. Burroughs, Austin, for appellant.

Ronald D. Earle, Dist. Atty., and Charles E. Hardy, Asst. Dist. Atty., Austin, for the State.

Before ONION, P. J., and PHILLIPS and TOM G. DAVIS, JJ.

OPINION

ONION, Presiding Judge.

Appellant was convicted by a jury of aggravated assault. He elected to have the court assess his punishment. The court found the paragraphs in the indictment charging appellant with having been previously convicted of two felony offenses to be true and, in accordance with V.T.C.A, Penal Code, § 12.42(d),1 assessed punishment at life. We shall first consider appellant's contention that the...

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