State v. Fury

OPINION

TERRY JENNINGS, Justice.

A jury found appellee, Telly Wayne Fury, guilty of the offense of aggravated assault on a public servant 1 and assessed punishment at confinement for 60 years. The trial court granted appellee’s motion for new trial. In three issues, the State contends that (1) the trial court erred in granting appellee’s motion for new trial on a ground not pleaded by appellee, (2) the evidence was legally and factually sufficient to sustain appellee’s conviction, and (3) there was no Brady 2 violation to sup port granting appellee’s motion for new trial. 3 We vacate the trial…