OPINION
ELLIS, Justice.
Appellant, J.D. Foster, appeals his judgment of conviction for the offense of aggravated assault. Tex.Penal Code Ann. § 22.02 (Vernon 1992). Appellant pled not guilty to the jury for the indicted offense of burglary of a habitation with the intent to commit aggravated assault. The court charged the jury on the offense of burglary of a habitation with intent to commit aggravated assault and also charged them on the offense of...
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