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HERNANDEZ v. STATE

No. 09-92-073 CR.

862 S.W.2d 193 (1993)

Ruben HERNANDEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

September 29, 1993.

Attorney(s) appearing for the Case

Barry Clar, Huntsville, Steven Crews, Humble, for appellant.

James Clark, Dist. Atty., Woodville, B.N. Tucker, Huntsville, for state.

Before WALKER, C.J., and BROOKSHIRE and BURGESS, JJ.

OPINION

BURGESS, Justice.

A jury convicted Ruben Hernandez of aggravated assault on a correctional officer, found the two enhancement paragraphs "true", and assessed punishment at fifty years' confinement in the Texas Department of Criminal Justice, Institutional Division. The indictment alleged Hernandez struck prison guard Jimmy Johnson in the face with Hernandez' fist during an altercation involving four other...

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