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STATE v. FURY

No. 01-04-00906-CR.

186 S.W.3d 67 (2005)

The STATE of Texas, Appellant, v. Telly Wayne FURY, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Discretionary Review Refused April 26, 2006.

Attorney(s) appearing for the Case

Kurt Sistrunk, Criminal District Attorney, Galveston, TX, for Appellant.

John Henry Grady, Houston, TX, for Appellee.

Panel consists of Justices NUCHIA, JENNINGS, and HIGLEY.

OPINION

TERRY JENNINGS, Justice.

A jury found appellee, Telly Wayne Fury, guilty of the offense of aggravated assault on a public servant1 and assessed punishment at confinement for 60 years. The trial court granted appellee's motion for new trial. In three issues, the State contends that (1) the trial court erred in granting appellee's motion for new trial on a ground not pleaded by appellee, (2) the evidence was legally and...

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