HENDERSON v. STATE

No. 03-04-00687-CR.

208 S.W.3d 593 (2006)

Roger Wallace HENDERSON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

Discretionary Review Refused August 30, 2006.


Attorney(s) appearing for the Case

Gregory D. Sherwood, Austin, for appellant.

Jana Duty, Eugene D. Taylor, County Attorneys, Austin, C. Matthew Shanks, Assistant County Attorney, Georgetown, for appellee.

Before Chief Justice LAW, Justices PATTERSON and PURYEAR.


OPINION

JAN P. PATTERSON, Justice.

A jury found appellant Roger Wallace Henderson guilty of assault and assessed punishment at 150 days' incarceration. See Tex. Pen.Code Ann. § 22.01(a)(1) (West Supp.2005). The issue presented in this appeal is whether the trial court violated appellant's Sixth Amendment rights by entering an affirmative finding that "the said Defendant committed family violence in the course of committing the offense...

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