Depena v. State

OPINION

Opinion by

Justice BAIRD.

Appellant was charged by indictment with the offense of aggravated assault. A jury convicted appellant of the charged offense, and assessed punishment at ten years confinement in the Texas Department of Criminal Justice-Institutional Division, and a fine of $10,000. We affirm the judgment of the trial court.

I. Failure to Disclose Witness.

The first point of error contends the trial judge erred in permitting an expert witness to testify during the State’s rebuttal case. Specifically, appellant argues Dr. Keith Rose should not have been permitted to testify as an…