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SMITH v. STATE

No. 2-94-315-CR.

902 S.W.2d 755 (1995)

Lavelle SMITH, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

July 13, 1995.

Attorney(s) appearing for the Case

Anthony D. Lyons, Dallas, for appellant.

Tim Curry, Criminal Dist. Atty., Betty Marshall and Charles M. Mallin, Asst. Chiefs Appellate Section, Danielle A. LeGault, John Hardin, Jay Lapham, Asst. Crim. Dist. Attys., for appellee.

Before DAUPHINOT, RICHARDS and JOE L. DRAUGHN (Assigned), JJ.

OPINION

DAUPHINOT, Justice.

Appellant, Lavelle Smith,1 was convicted of first degree aggravated assault of a peace officer upon his plea of not guilty to the trial court. The court found him guilty and, upon his plea of true to both the enhancement count and the habitual count, assessed his punishment at twenty-five years' confinement in the Institutional Division of the Texas Department of Criminal Justice. In a single point...

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