Garner v. State

OPINION

WEAVER, Justice.

Willie Lee Garner was convicted in a bench trial of the offense of aggravated assault of a peace officer. Tex.Penal Code Ann. § 22.02(a)(2)(A) (Vernon Supp.1993). The trial court assessed punishment, enhanced by two prior felony convictions, at twenty-five years confinement in the Institutional Division of the Texas Department of Criminal Justice. We affirm.

DOUBLE JEOPARDY

In point of error one, appellant contends that his conviction should be overturned on grounds that it was barred by the double jeopardy clause. A jury was originally selected on October 9, 1991. Pri-…