OPINION
O'NEILL, Justice.
Appellant, Marcus Aurelius Burns, was charged by felony indictment with aggravated assault and attempted murder. Appellant was found guilty of attempted murder at a trial before the court. The case was recessed pending a pre-sentence investigation. Following a sentencing hearing, the trial court assessed punishment at confinement for forty years in the Texas Department of Criminal Justice, Institutional Division. In three points...
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