Butler v. State

OPINION

ANNE GARDNER, Justice.

Appellant was charged by information with assault-family violence and pleaded not guilty. Appellant was found guilty by a jury and sentenced by the trial court to two-hundred-seventy days’ confinement, probated for a term of eighteen months. In a single issue, Appellant argues that the trial court erred in making a factual finding of family violence rather than submitting this issue to the jury. We affirm.

Because sufficiency of the evidence is not at issue, we need only briefly discuss the facts of this case. The record shows that Appellant and the victim, Janyce…