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BURD v. STATE

No. 01-11-00368-CR.

404 S.W.3d 64 (2013)

Donald James BURD, Appellant v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

April 26, 2013.

Attorney(s) appearing for the Case

Joseph Salhab , Houston, TX, for Appellant.

Jack Roady , District Attorney, Roger L. Ezell , Assistant District Attorney, Galveston. TX, for the State.

Panel consists of Chief Justice RADACK and Justices BLAND and HUDDLE.

OPINION

REBECA HUDDLE, Justice.

Appellant Donald Burd appeals a judgment convicting him of deadly conduct. See TEX. PEN.CODE ANN. § 22.05(b)(2) (West 2009). Burd was indicted for aggravated assault with a deadly weapon. The jury acquitted him of that charge but found him guilty of the lesser included offense of deadly conduct.

Burd raises two issues on appeal; both relate to the trial court's charge. First, he contends he was egregiously...

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