Johnson v. State

OPINION ON STATE’S MOTION FOR REHEARING

VANCE, Justice.

After our January 8, 1992, opinion was issued, the State filed a motion for rehearing, asserting that we had incorrectly designated aggravated assault as a second- degree felony and that, because the facts show that Johnson could be guilty of only first-degree aggravated assault, no charge on aggravated assault was required. We scheduled oral argument on the State’s motion. Because our earlier opinion was incomplete, we withdraw it and substitute this opinion.

Johnson was convicted by a jury of attempted capital murder; the judge sentenced…