Smithwick v. State

OPINION

HILL, Justice.

James Jerry Smithwick appeals from his conviction by a jury of the offense of aggravated assault. The jury assessed his punishment at eight years in the Texas Department of Corrections and a fine of $5,000. Smithwick presents six points of error.

We affirm.

In point of error numbers one and two Smithwick complains that he was denied effective assistance of counsel on appeal due to the counsel's failure to bring forward a statement of facts from a prior trial of this case which had resulted in a mistrial. He also complains of the fact that the jury’s notes and the judge’s…