David Allen Smith v. State

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-08-097-CR

DAVID ALLEN SMITH APPELLANT

V

THE STATE OF TEXAS STATE

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FROM THE 89TH DISTRICT COURT OF WICHITA COUNTY

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MEMORANDUM OPINION (footnote: 1)

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In a single issue, appellant David Allen Smith contends that the trial court abused its discretion by unlawfully delegating its authority when adjudicating appellant guilty of aggravated assault and indecency with a child. We affirm.

Background

Appellant pled guilty pursuant to a plea bargain to one count of aggravated sexual assault of a child and two counts of…