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SOTELO v. STATE

No. 0915-94.

913 S.W.2d 507 (1995)

Joe Angelo SOTELO, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Discretionary Review Denied January 17, 1996.

Attorney(s) appearing for the Case

Ward Casey, Fort Worth, for appellant.

Danielle A. LeGault, Asst. Dist. Atty., Robert A. Huttash, Fort Worth, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLEE'S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellee, Joe Angelo Sotelo, Jr., was indicted in two counts, one for attempted murder and the other for aggravated assault with a deadly weapon. The jury acquitted appellee of the attempted murder charge but convicted him of the lesser included offense of aggravated assault with a deadly weapon. Because the enhancement paragraphs referred to "the primary offense," the trial court...

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