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HAMEL v. STATE

No. 0797-94.

916 S.W.2d 491 (1996)

Joseph Lee HAMEL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 24, 1996.

Attorney(s) appearing for the Case

Jon R. Waggoner, Amarillo, for appellant.

Bruce Sadler, Assist. Dist. Atty., Amarillo, Robert A. Huttash, State's Atty., Austin, for the State.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

KELLER, Judge.

A jury convicted appellant of aggravated assault and assessed punishment at two years confinement, probated. The Court of Appeals remanded for a new punishment hearing after finding error in the jury charge at the punishment phase of the trial. We granted review to consider the Court of Appeals' determination that the trial court properly

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