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SIBLEY v. STATE

No. 09-95-428 CR.

956 S.W.2d 832 (1997)

Donald Ray SIBLEY, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Decided November 26, 1997.

Attorney(s) appearing for the Case

Christine Brown, Orange, for appellant.

John Kimbrough, County Attorney, Troy Johnson, Assistant County Attorney, Orange, for appellee.

Before WALKER, C.J., and BURGESS and STOVER, JJ.

OPINION

STOVER, Justice.

A jury found Donald Ray Sibley, Jr. guilty of aggravated assault. Punishment was assessed by the jury as confinement in the Texas Department of Criminal Justice—Institutional Division for a term of 15 years and a fine of $10,000.

Sibley submits three points of error. First, he contends the evidence is insufficient to sustain the conviction. Second, he alleges he was entitled to a lesser included offense instruction...

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