OPINION
ELSA ALCALA, Justice.
We withdraw our opinion of October 12, 2006, and issue this opinion in its stead. See TEX.R.APP. P. 19.1 (Court of appeals retains plenary power for 60 days after judgment issues). Our judgment of the same day remains unchanged.
Appellant, Jose Edis Escobar, appeals the trial court's judgment convicting him of Class A misdemeanor assault. See TEX. PEN.CODE ANN. § 22.01 (Vernon Supp. 2005). Appellant...
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