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SIMMS v. STATE

No. 06-94-00227-CR.

905 S.W.2d 720 (1995)

Clarence SIMMS, a/k/a A.C. Simms, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided August 8, 1995.

Attorney(s) appearing for the Case

Garland Cardwell, Munson, Munson, Pierce & Cardwell, Sherman, TX, for appellant.

James Moss, Dist. and County Atty., Bonham, TX, Karla R. Baugh, Asst. Dist. & County Atty., Fannin County, Paris, TX, for appellee.

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

OPINION

GRANT, Justice.

Clarence Simms appeals from a conviction for aggravated assault. The jury assessed punishment at confinement for eight years.

Simms alleges that the court erred by refusing to include in the punishment phase charge the full range of punishment for a third degree felony as reflected in the Penal Code in effect at the time of the offense; that his motion to quash the indictment should have been granted by the court; that a fatal...

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