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MENDEZ v. STATE

No. 06-94-00173-CR.

892 S.W.2d 81 (1994)

Carlos Cerda MENDEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided November 8, 1994.

Rehearing Overruled December 13, 1994.

Discretionary Review Granted April 19, 1995.

Attorney(s) appearing for the Case

Martin A. Smith, Dallas, for appellant.

Lori L. Ordiway, Dallas, for appellee.

Before CORNELIUS, C.J., and BLEIL and GRANT, JJ.

OPINION

GRANT, Justice.

Carlos Mendez appeals from his conviction for the offense of aggravated assault with a deadly weapon. Punishment was assessed and imposed by the court following a hearing. The nature of the hearing is contested by the parties.

We first address the State's contention in its motion to dismiss that the notice of appeal was not timely filed. This argument is based upon the following...

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