OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW
McCORMICK, Presiding Judge.
In this opinion we review the Court of Appeals' determination that aggravated assault is not a lesser included offense of burglary of a habitation with intent to commit aggravated assault. Appellant was indicted for burglary of a habitation with intent to commit aggravated assault (count one) and burglary of a habitation with intent to commit murder (count two...
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