State v. Wooldridge

Opinion

TERRY McCALL, Justice.

The jury convicted Dwayne Heath Wool-dridge of the second degree felony offense of aggravated assault with a deadly weapon. TEX. PENAL CODE ANN. § 22.02(a)(2) & (b) (Vernon Supp.2004). The trial court assessed punishment at seven years confinement in the Institutional Division of the Texas Department of Criminal Justice. In its sole appellate issue, the State complains that the trial court erred in failing to sentence appellee as a habitual offender to a minimum sentence of 25 years under TEX. PENAL CODE ANN. § 12.42(d) (Vernon Supp. 2004). We dismiss the State’s…