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GODSEY v. STATE

No. 843-82.

719 S.W.2d 578 (1986)

Anthony Paul GODSEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

October 1, 1986.

Attorney(s) appearing for the Case

David K. Chapman (court appointed), Fort Worth, for appellant.

Bill M. White, Former Dist. Atty., Sam D. Millsap, Jr., Dist. Atty., and Alan E. Battaglia and Julie B. Pollock, Asst. Dist. Attys., San Antonio, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S AND APPELLANT'S PETITIONS FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

A jury convicted appellant of attempted capital murder. The court assessed punishment at confinement for ten years. The Fourth Court of Appeals in San Antonio reversed the conviction because of the failure of the trial court to charge on the lesser included offenses of aggravated assault and reckless conduct. Godsey v. State, 640 S.W.2d 336

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