STELL v. STATE

No. 01-82-0551-CR.

662 S.W.2d 96 (1983)

Jerry Wayne STELL, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Discretionary Review Granted March 28, 1984.


Attorney(s) appearing for the Case

Guy D. Cox, Houston, for appellant.

Eleanor Montague, Houston, for appellee.

Before EVANS, C.J., and DUGGAN and BASS, JJ.


OPINION

DUGGAN, Justice.

Appellant's indictment for murder was enhanced by two allegations of prior felony convictions. At trial, a jury found him guilty of aggravated assault, which was submitted in the court's charge as a lesser included offense over appellant's objection. Based on appellant's testimony at the guilt or innocence phase of trial, and despite his objection and pre-trial election to have the jury assess punishment in the event of a finding...

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