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BLUE v. STATE

No. 01-96-00771-CR

983 S.W.2d 811 (1998)

Benjamin Leon BLUE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

December 4, 1998.

Attorney(s) appearing for the Case

Randolph Earl Roll, Kristine C. Woldy, Houston, for Appellant.

John B. Holmes, Alan Curry, Houston, for Appellee.

EN BANC OPINION ON REHEARING ON COURT'S MOTION

MARGARET GARNER MIRABAL Justice.

A jury found appellant, Benjamin Leon Blue, guilty of aggravated assault on a public servant. The jury assessed punishment at confinement for 10 years and a fine of $3000. A divided panel of this Court affirmed the judgment on June 25, 1998. Rehearing en banc was granted on the Court's own motion and the June 25 opinion was withdrawn. We substitute this opinion in its stead....

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