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LUERA v. STATE

No. 60872.

658 S.W.2d 566 (1981)

Jimmy LUERA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

Rehearing Denied October 26, 1983.

Attorney(s) appearing for the Case

Patrick A. Abeyta, Lubbock, for appellant.

Frank Ginzel, Dist. Atty., Colorado City, Russell Carroll, Asst. Dist. Atty., Sweetwater, Robert Huttash, State's Atty. and Alfred Walker, First Asst. State's Atty., Austin, for the State.

Before ODOM, W.C. DAVIS and McCORMICK, JJ.

OPINION

ODOM, Judge.

This is an appeal from a conviction for aggravated assault. Punishment was assessed at five years.

In his first ground of error appellant contends the indictment is fundamentally defective. The indictment contained two counts, the first alleging attempted murder and the second alleging aggravated assault. Appellant contends the second count is defective. Although he was convicted of aggravated assault, the charge submitted this...

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