Maurilio Pena v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00546-CR

Maurilio Pena, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 403RD JUDICIAL DISTRICT

NO. D-1-DC-07-302475, HONORABLE BRENDA KENNEDY, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

A jury found appellant Maurilio Pena guilty of aggravated assault with a deadly weapon and assessed his punishment, enhanced by a previous felony conviction, at seventy-five years' imprisonment and a $10,000 fine. See Tex. Penal Code Ann. § 22.02 (West Supp. 2008). In two points of error, appellant contends that the…