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KELLY v. STATE

No. 05-00-00206-CR,

60 S.W.3d 299 (2001)

Joel S. KELLY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

October 12, 2001.

Attorney(s) appearing for the Case

R.J. Hagood, Denison, for appellant.

Robert T. Jarvis, County Attorney, Karla Renae Baugh, Asst. County Attorney, Sherman, for the State.

Before Justices KINKEADE, WRIGHT, and FITZGERALD.

OPINION

Opinion By Justice FITZGERALD.

A jury found Joel S. Kelly guilty of aggravated assault with a deadly weapon and assessed his punishment at seventeen years' confinement. In two points of error, appellant contends the trial court erred in allowing the State to impeach its own witness with a prior inconsistent statement and in failing to hold an evidentiary hearing to determine whether a juror could continue to be fair and impartial after the juror...

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