Sweeten v. State

OPINION

NYE, Chief Justice.

This is an appeal from a conviction for aggravated assault, enhanced by two prior felony convictions. Appellant was initially indicted for both kidnapping and aggravated assault. Trial was to a jury, which found appellant guilty of the offense of aggravated assault. Although appellant had initially elected to have the jury assess punishment, following the jury’s finding of guilty, appellant sought to waive assessment of punishment by the jury and instead have punishment assessed by the trial court. At this time, appellant waived his right to appeal in exchange for…