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STATE v. EAKINS

No. 03-01-00210-CR.

71 S.W.3d 443 (2002)

STATE of Texas, Appellant, v. Jesse Lee EAKINS, Appellee.

Court of Appeals of Texas, Austin.

January 31, 2002.

Attorney(s) appearing for the Case

Stephen H. Smith, District Attorney, Claire Carter Noelke, Assistant District Attorney, San Angelo, for appellant.

Shawntell McKillop, Hawley & McKillop, LLP, San Angelo, for appellee.

Before Justices KIDD, B.A. SMITH and PURYEAR.

BEA ANN SMITH, Justice.

Assault with bodily injury, ordinarily a class A misdemeanor, is a third degree felony if the offense is committed against "a member of the defendant's family or household, if it is shown on the trial of the offense that the defendant has been previously convicted of an offense against a member of the defendant's family or household under this section." Tex. Pen. Code Ann. § 22.01(b)(2) (West Supp.2002). The question presented in this...

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