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JOHNSON v. STATE

No. 10-90-192-CR.

828 S.W.2d 511 (1992)

Harry JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

April 1, 1992.

Attorney(s) appearing for the Case

Scott Peterson, Waco, for appellant.

Don W. Cantrell, County Atty., Roy De Friend, Asst. County Atty., Groesbeck, for appellee.

Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.

OPINION ON STATE'S MOTION FOR REHEARING

VANCE, Justice.

After our January 8, 1992, opinion was issued, the State filed a motion for rehearing, asserting that we had incorrectly designated aggravated assault as a second-degree felony and that, because the facts show that Johnson could be guilty of only first-degree aggravated assault, no charge on aggravated assault was required. We scheduled oral argument on the...

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