OPINION
GARCIA, Justice.
Appellant, Roy Trujillo, was found guilty of assaulting a school teacher by fondling her. Provisions of the Texas Penal Code elevate assault from a Class C misdemeanor to a Class B misdemeanor where the victim is a teacher on duty at a school accredited by the Texas Education Agency. TEX.PENAL CODE ANN. §§ 22.01(a)(3) and (d)(1) (Vernon 1989). After a trial without a jury, the court found appellant guilty, assessed him...
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