TANNER v. STATE

No. 07-10-0298-CR.

335 S.W.3d 784 (2011)

Rodney Lamar TANNER a/k/a Robert Lamar Tanner, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Amarillo, Panel E.

February 24, 2011.


Attorney(s) appearing for the Case

Abe Factor , Factor & Campbell, L.L.P., Fort Worth, TX, for Appellant.

Tanya S. Dohoney , Assistant Criminal District Attorney, Fort Worth, TX, for Appellee.

Before QUINN, C.J., CAMPBELL, J., and BOYD. S.J.


Opinion

BRIAN QUINN, Chief Justice.

Appellant appeals his conviction for assault causing bodily injury to a family member, a third degree felony. He challenges the sufficiency of the evidence elevating the conviction to a felony from a misdemeanor. That is, he does not dispute that he committed misdemeanor assault. Instead, he believes the State failed to prove that he committed a prior assault involving family violence, and that was a condition precedent...

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