Hoitt v. State

OPINION

DONALD R. ROSS, Justice.

Bryan Hoitt appeals his conviction for assault on a public servant, enhanced by a prior felony conviction to a second degree felony. 1 He entered a plea of not guilty, but was found guilty by the jury. At the punishment phase, he pled true to the enhancement paragraph of the indictment, and the jury then assessed his punishment at five years’ confinement. The court sentenced him in accordance with the jury’s verdict, but “[t]o be served consecutively after sentence in Cause No. 12,256.”

The record reveals that late one evening Hoitt broke into the home of Sidney…