Ware v. State

736 S.W.2d 700 (1987)

Albert Wayne WARE, Appellant,

v.

The STATE of Texas, Appellee.

No. 1116-85.

Court of Criminal Appeals of Texas, En Banc.

September 23, 1987.

Frank W. Conard, II, Sweetwater, for appellant.

Norman Arnett, Dist. Atty., Sweetwater, and Andrew Ottaway, Asst. Dist. Atty., Frank Ginzel, Special Prosecutor, Colorado City, Robert Huttash, State's Atty., Austin, for State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

DUNCAN, Judge.

The appellant was convicted of retaliation as proscribed by § 36.06 Tex. Penal Code (1985) and was assessed punishment at…