Montgomery v. State

OPINION

ONION, Presiding Judge.

Appellant was convicted by a jury of aggravated assault. He elected to have the court assess his punishment. The court found the paragraphs in the indictment charging appellant with having been previously convicted of two felony offenses to be true and, in accordance with V.T.C.A, Penal Code,. § 12.42(d), 1 assessed punishment at life.

We shall first consider appellant’s contention that the court erred in imposing a life sentence because the federal offense alleged in the second count of the indictment is insufficient to sustain an enhanced mandatory sentence…