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EVANS v. STATE

No. 08-94-00387-CR.

945 S.W.2d 153 (1997)

Jonathon Noel EVANS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

January 16, 1997.

Attorney(s) appearing for the Case

Martin Underwood, Comstock, for Appellant.

Ori T. White, District Attorney, Ft. Stockton, for State.

Before BARAJAS, C.J., and McCLURE and CHEW, JJ.

OPINION

CHEW, Justice.

This is an appeal of a conviction for the offense of aggravated assault. In three points of error, Jonathon Noel Evans, challenges the trial court's failure to instruct the jury on the full range of punishment, and on the issue of defense of third persons. We affirm the conviction but reverse and remand for a new punishment hearing.

I.

In the spring of 1993, a few months from their high school graduation, Evans...

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