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ARROYO v. STATE

No. 04-98-00920-CR.

64 S.W.3d 81 (2001)

Tony ARROYO, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

July 25, 2001.

Attorney(s) appearing for the Case

Stephanie L. Stevens, Center for Legal and Social Justice, San Antonio, for Appellant.

Betty Marshall, Assistant State Prosecuting Attorney, Austin, Enrico B. Valdez, Assistant Criminal District Attorney, San Antonio, for Appellee.

Sitting: HARDBERGER, C.J., RICKHOFF and LOPEZ, JJ.

HARDBERGER, Chief Justice.

This appeal is on remand from the Court of Criminal Appeals. Tony Arroyo ("Arroyo") is appealing his conviction of assault. We originally reversed the trial court's judgment and remanded the cause for a new trial because the jury charge did not include the instruction mandated by Geesa v. State, 820 S.W.2d 154 (Tex.Crim. App.1991). See Arroyo v. State, 9 S.W.3d 330

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