JOHNSON v. STATE

No. 348-83.

662 S.W.2d 368 (1984)

David JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

January 11, 1984.


Attorney(s) appearing for the Case

Marvin Miller, Joseph D. Valdez, San Antonio, for appellant.

Bill M. White, Former Dist. Atty. and Roy R. Barrera, Jr., Edwin E. Springer and Douglas V. McNeel, Former Asst. Dist. Attys., Sam D. Millsap, Jr., Dist. Atty. and Linda C. Anderson, Asst. Dist. Atty., San Antonio, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

Appellant was convicted of aggravated assault and punishment was assessed by the jury at ten years imprisonment in the Texas Department of Corrections and a $5,000 fine. The Court of Appeals for the Fourth Supreme Judicial District of Texas in San Antonio reversed the conviction and remanded the case to the trial court. 649 S.W.2d 111. We granted the...

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