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STERRY v. STATE

No. 05-95-00846-CR.

959 S.W.2d 249 (1997)

Gilbert Diamond STERRY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

April 23, 1997.

Attorney(s) appearing for the Case

Donald R. Scoggins, Charles W. Tessmer, Dallas, for Appellant.

Pamela Sullivan Berdanier, Assistant District Attorney, Dallas, for State.

Before CHAPMAN, WHITTINGTON and WRIGHT, JJ.

OPINION ON MOTION FOR REHEARING

WRIGHT, Judge.

We grant appellant's motion for rehearing. We withdraw our opinion and judgment of December 31, 1996. The following is now the opinion of this Court.

Gilbert Diamond Sterry appeals his conviction for assault. After the jury convicted appellant, visiting Judge Chuck Miller found the offense was committed because of bias or prejudice (a "hate crime finding") and assessed punishment at seven years' confinement...

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