People v. Tijerina

HODGES, Chief Justice.

The defendant-appellant challenges his sentence to the state penitentiary as unduly harsh and excessive. We affirm the sentence.

The defendant was charged with first-degree assault after the following incident. On August 16, 1978, he approached a woman as she was emptying trash, and struck her on the back of the head with a blunt instrument, apparently a piece of wood. The woman turned and recognized the defendant. She screamed and the defendant ran from the scene. The record indicates that the defendant was intoxicated, had ingested L.S.D., and was under the influence of…