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BOTELLO v. STATE

No. 13-84-276-CR.

693 S.W.2d 528 (1985)

Armando BOTELLO, v. STATE of Texas.

Court of Appeals of Texas, Corpus Christi.

March 21, 1985.

Attorney(s) appearing for the Case

Donald Dailey, Jr., Corpus Christi, for appellant.

Grant Jones, Dist. Atty., Corpus Christi, for appellee.

Before NYE, C.J., and BENAVIDES and SEERDEN, JJ.

OPINION

BENAVIDES, Justice.

On our own motion, we grant a rehearing, withdraw our opinion of March 14, 1985, and substitute this opinion for the original. Appellant was tried and convicted by a jury of aggravated assault. Appellant elected to have the court assess punishment.

Appellant was sentenced by the court to four years' confinement in the Texas Department of Corrections, and the court ordered that appellant pay restitution in the amount of...

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