DURAN v. STATE

No. PD-0429-15.

492 S.W.3d 741 (2016)

Francisco DURAN, Jr., Appellant v. The STATE of Texas

Court of Criminal Appeals of Texas.

Delivered: June 22, 2016.


Attorney(s) appearing for the Case

Joseph Moreno , The Law Office of Joseph Moreno, Harlingen, TX, Attorneys for Appellant.

Rene B. Gonzalez , Assistant District Attorney, Brownsville, TX, Lisa C. McMinn , State's Attorney, Austin, Attorneys for The State.

NEWELL, J., delivered the opinion of the Court in which MEYERS, JOHNSON, HERVEY, ALCALA, AND RICHARDSON, JJ., joined.


OPINION

In this case, a jury convicted Appellant of both burglary of a habitation and aggravated assault in two separate counts. The jury found Appellant guilty of both counts, but the State abandoned the aggravated assault conviction prior to the punishment phase of the trial. We are asked to determine whether the court of appeals erred by 1) upholding the conviction on the aggravated assault charge even though the State had abandoned that charge prior to...

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