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GREY v. STATE

No. 03-07-00610-CR.

269 S.W.3d 785 (2008)

Steven GREY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

November 14, 2008.

Attorney(s) appearing for the Case

Scot R. Courtney, San Marcos, for Appellant.

Cathy S. Compton, Asst. Crim. Dist. Atty., Sherri Tibbe, Hays County Dist. Atty., San Marcos, for Appellees.

Before Chief Justice LAW, Justices PEMBERTON and WALDROP.

OPINION

W. KENNETH LAW, Chief Justice.

Appellant Steven Grey was tried on an indictment accusing him of aggravated assault. The jury returned a verdict convicting him of the lesser offense of simple assault, and the trial court assessed punishment at one year in jail. Because we agree with appellant that the trial court erred by submitting the lesser offense to the jury, we will reverse the conviction and remand for a new trial.

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