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CHAVIS v. STATE

No. 01-04-00203-CR.

177 S.W.3d 308 (2005)

Joseph Molton CHAVIS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, First District, Houston.

Discretionary Review Refused September 28, 2005.

Attorney(s) appearing for the Case

Jerald K. Graber, Houston, for Appellant.

Eric Kugler, Assistant District Attorney of Harris County, Houston, for Appellee.

Panel consists of Justices TAFT, KEYES, and HANKS.

OPINION

TIM TAFT, Justice.

A jury convicted appellant, Joseph Molton Chavis, of felony assault upon an elderly person. See TEX. PEN.CODE ANN. § 22.04(a) (Vernon 2003). The jury found true enhancement paragraphs alleging two prior convictions for aggravated assault and assessed punishment at confinement in prison for 33 years. We determine whether the trial court erred in the punishment phase of trial by granting the State's mid-trial motion to...

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