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  5. 752 S.W.2d 169 (1988)
 

HERRING v. STATE

No. 01-87-00736-CR.

752 S.W.2d 169 (1988)

James Alton HERRING, Appellant, v. The STATE of Texas, Appellee.

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

May 26, 1988.

Attorney(s) appearing for the Case

Steven Wisch, Randy Schaffer, Houston, for appellant.

John B. Holmes, Dist. Atty. Harris County, for appellee.

Before EARL W. SMITH, JACK SMITH and COHEN, JJ.

OPINION

COHEN, Justice.

A jury found appellant guilty of aggravated assault, found the enhancement allegation to be true, and assessed punishment at 10 years confinement and a fine of $1,000.

The complainant, Ruby Seamster, was a tenant in an apartment complex managed by the appellant. On July 5, 1987, shortly after 10:00 p.m., Seamster talked to appellant about moving from an efficiency to a one-bedroom apartment. Seamster then returned

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