Lockett v. State

OPINION

SEARS, Justice.

This is an appeal from a conviction for the offense of aggravated assault. The jury found that a deadly weapon was used in commission of the offense and assessed Appellant’s punishment at ten years confinement in the Texas Department of Corrections and a $2,500.00 fine. This court granted Appellant’s Motion for Rehearing in this cause and withdrew its original opinion issued April 2, 1987. Upon further consideration of Appellant’s points of error, we reverse the judgment and remand to the trial court for a new trial on punishment only.

Appellant asserts two points of…