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ORTEGA v. STATE

No. 13-02-298-CR.

207 S.W.3d 911 (2006)

Robert Lee ORTEGA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi-Edinburg.

November 22, 2006.

Attorney(s) appearing for the Case

Randy Mack, Attorney At Law, Corpus Christi, for Appellant.

Michael A. Sheppard, District Attorney, Robert C. Lassmann, Asst. District Attorney, Cuero, and Jeffrey L. Van Horn, State Prosecuting Atty., Austin, for The State of Texas.

Before Justices HINOJOSA, YANEZ, and GARZA.

OPINION ON REMAND

Opinion by Justice GARZA.

Appellant, Robert Lee Ortega, was convicted of assault on a public servant and was sentenced to imprisonment for 75 years. See Tex. Penal Code Ann. § 22.01 (Vernon Supp.2006) (assault). On direct appeal following the conviction, a panel of this Court noted that appellant had been convicted of the offense of resisting arrest before he was charged with assault. See Tex. Penal Code Ann. § 38...

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