Alan Ray Rogers v. State

OPINION

Opinion by

Justice CORNELIUS (Retired).

A jury convicted Alan Ray Rogers of aggravated assault and set his punishment, enhanced by a prior felony conviction, at sixty years’ confinement.

Rogers used a firearm to shoot at his former girlfriend at close range while she sat in her car. In a previous trial, Rogers was convicted of aggravated assault and received a life sentence. On appeal of that conviction, we affirmed Rogers’ conviction, but remanded the case for a new trial on punishment. See Rogers v. State, 38 S.W.3d 725 (Tex.App.-Texarkana 2001, pet. ref'd).

In the former appeal, we held…