Schultz v. State

OPINION

Opinion by

PHYLIS J. SPEEDLIN, Justice.

William Michael Schultz appeals his conviction for assault of a family member (second offense), and resulting sentence of ten years confinement. We affirm the judgment of the trial court.

Factual and PROCEDURAL Background

Schultz was indicted for assault against a family member, his wife Alma, as a second offense. See Tex. Penal Code Ann. § 22.01(a)(1), (b)(2) (Vernon Supp.2007). The indictment alleged that Schultz had a prior “assault bodily injury (married)” conviction on February 24, 1988 against a member of his family, which elevated the charged…