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DIETZ v. STATE

No. 04-02-00771-CR.

123 S.W.3d 528 (2003)

Richard DIETZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled November 3, 2003.

Attorney(s) appearing for the Case

John J. `Bud' Ritenour, Jr., Attorney At Law, San Antonio, for Appellant.

Alan E. Battaglia, Asst. Criminal Dist. Atty., San Antonio, for Appellee.

Sitting: ALMA L. LÓPEZ, Chief Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice.

OPINION

Opinion by ALMA L. LÓPEZ, Chief Justice.

Richard Dietz was convicted by a jury of assault. On appeal, he asserts that the trial court erred in precluding him from presenting a complete defense. Specifically, Richard contends that the trial court should have permitted him to question witnesses regarding Christine's habitual response to arguments. We sustain the point of error, reverse the trial court's judgment, and remand the cause to the trial...

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