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LEBO v. STATE

No. 04-01-00826-CR.

100 S.W.3d 417 (2002)

Sean LEBO, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Discretionary Review Refused June 11, 2003.

Attorney(s) appearing for the Case

Anthony Nicholas, Sharon S. Brown, Nicholas & Barrerra, P.C., San Antonio, for Appellant.

Mary Beth Welsh, Asst. Crim. Dist. Atty., San Antonio, for Appellee.

Sitting PHIL HARDBERGER, Chief Justice, ALMA L. LOPEZ, Justice, SANDEE BRYAN MARION, Justice.

Opinion by: SANDEE BRYAN MARION, Justice.

A jury found defendant, Sean Lebo, guilty of assault on an elderly person, and the trial court assessed punishment at ten years' community supervision, with ninety days' confinement. On appeal, defendant asserts the trial court erred when it submitted to the jury an incorrect instruction on his justification defense and allowed the State to amend the indictment without giving him an opportunity to object. Defendant also raises...

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