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WILLIAMS v. STATE

No. 01-90-01148-CR.

833 S.W.2d 701 (1992)

Marcus Dwayne WILLIAMS, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied July 30, 1992.

Attorney(s) appearing for the Case

Anthony P. Griffin, Galveston, Bobbi Blackwell, Houston, for appellant.

Michael J. Guarino, Denise V. Wilkerson, Galveston, for appellee.

Before OLIVER-PARROTT, C.J., MIRABAL, J., and FRANK C. PRICE, J. (Retired, Sitting by Assignment).

OPINION

FRANK C. PRICE, Assigned Justice.

Appellant was indicted for attempted capital murder. At trial, a jury convicted him of the lesser offense of aggravated assault on a peace officer, made an affirmative finding he used a deadly weapon, and thereafter assessed punishment at three-years confinement.

Donald Head is a city of La Marque police officer. On May 3, 1989, at approximately 1:00 a.m., he was in uniform patrolling in a marked police car...

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