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MONTGOMERY v. STATE

No. 2-01-346-CR.

99 S.W.3d 257 (2003)

Charles Hiawatha MONTGOMERY, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled March 13, 2003.

Attorney(s) appearing for the Case

David M. Wacker, Denton, for Appellant.

Denton County Criminal District Attorneys Office, Bruce Isaacks, Emma O. Guzman, Patrick Berry, Matthew J. Shovlin, Denton, for State.

PANEL B: HOLMAN, GARDNER, and WALKER, JJ.

OPINION

DIXON W. HOLMAN, Justice.

Appellant Charles Hiawatha Montgomery appeals from his conviction for the offense of aggravated assault with a deadly weapon. The indictment charged that, on or about January 27, 2001, Appellant "did... intentionally or knowingly threaten Margaret Garrett with imminent bodily injury and did then and there during the commission of said assault, use or exhibit a deadly weapon, to-wit: a firearm." The charge was enhanced by...

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