SUBSTITUTE OPINION
KENT C. SULLIVAN, Justice.
We deny the State's motion for rehearing, withdraw our opinion issued February 18, 2010, and issue this substitute opinion in its place.
A jury convicted George Miller of assaulting his son, Givens Miller. See Tex. Penal Code Ann. § 22.01 (Vernon Supp. 2009). The jury sentenced him to one day in jail, probated for thirty days. On appeal, George contends the trial court erred in denying his...
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