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BAILEY v. STATE

No. 13-98-620-CR.

7 S.W.3d 721 (1999)

Ray Anthony BAILEY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled December 16, 1999.

Attorney(s) appearing for the Case

Michael R. Wadler, Houston, for appellant.

Josh McCown, Dist. Atty., Wharton, Robinson C. Ramsey, San Antonio, George Allen Maffett, Dist. Attorney's Office, Wharton, for State.

Before Chief Justice SEERDEN and Justices DORSEY and CHAVEZ.

OPINION

Opinion by Chief Justice SEERDEN.

This is an appeal from a conviction for aggravated assault.1 By a single issue, Ray Anthony Bailey, appellant, challenges the legal sufficiency of the evidence to support his conviction. We modify the conviction and remand for re-sentencing.

On March 25, 1998, Cassandra Bailey, the estranged spouse of appellant, was walking home at about one o'clock in the morning. A car pulled...

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