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JOHNSON v. STATE

No. 02-10-00433-CR.

370 S.W.3d 100 (2012)

Fred Harris JOHNSON, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

May 31, 2012.

Attorney(s) appearing for the Case

Ronald G. Couch , Southlake, TX, for Appellant.

Joe Shannon, Jr. , Criminal District Attorney, Charles M. Mallin , Assistant Criminal District Attorney, Chief, Appellate Section, Kendre Henderson , Page Simpson , Rebecca McIntire , Assistant Criminal District Attorney, Fort Worth, TX, for State.

Panel: GARDNER, McCOY, and GABRIEL, JJ.

OPINION

ANNE GARDNER, Justice.

I. Introduction

Appellant Fred Harris Johnson appeals his conviction and six-year sentence for assault causing bodily injury to a family member with a prior conviction.1 He contends in three points that the evidence is insufficient to support his conviction and that the verdict and his punishment should be set aside because the trial court mistakenly

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