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ROSE v. STATE

No. B14-89-902-CR.

807 S.W.2d 626 (1991)

Sparky ROSE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

March 14, 1991.

Attorney(s) appearing for the Case

Elizabeth L. DeRieux, Huntsville, for appellant.

Travis L. McDonald, Jr., Huntsville, for appellee.

Before PAUL PRESSLER, JUNELL and ELLIS, JJ.

OPINION

ELLIS, Justice.

Appellant, Sparky Rose, appeals his judgment of conviction for the offense of aggravated assault on a guard employed by the Texas Department of Criminal Justice-Institutional Division (TDCJ-ID). Tex. Penal Code Ann. § 22.02 (Vernon 1989). The jury rejected appellant's not guilty plea and after finding the two enhancement paragraphs of the indictment to be true, assessed punishment at forty years confinement in the Institutional...

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