Stell v. State

OPINION

DUGGAN, Justice.

Appellant’s indictment for murder was enhanced by two allegations of prior felony convictions. At trial, a jury found him guilty of aggravated assault, which was submitted in the court’s charge as a lesser included offense over appellant’s objection. Based on appellant’s testimony at the guilt or innocence phase of trial, and despite his objection and pre-trial election to have the jury assess punishment in the event of a finding of guilt, the court withdrew the case from the jury and assessed his punishment at confinement for life.

The second of appellant’s two grounds…