JOHNSON v. STATE

No. 10-07-00342-CR.

271 S.W.3d 756 (2008)

Innis JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled November 12, 2008.


Attorney(s) appearing for the Case

Curtis E. Barton, Jr., State Counsel for Offenders, Huntsville, for appellant.

Melinda Mayo Fletcher, Special Prosecution Unit, Appellate Division, Amarillo, for appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.


OPINION

FELIPE REYNA, Justice.

A jury convicted Innis Johnson of aggravated assault of a public servant and, after he pleaded true to enhancement allegations, assessed his punishment at fifty-five years' imprisonment. Johnson contends in two issues that: (1) the court erred by denying his motion for instructed verdict because the evidence is legally insufficient to prove he used or exhibited a deadly weapon during the commission of the assault; and (2) the...

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