Moore v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

A jury found Appellant guilty of aggravated assault. The trial court assessed punishment at confinement for one year, probated. The Court of Appeals reversed the conviction after finding the trial court had violated Article 36.28, V.A.C.C.P., 1 and finding the error was not harmless under Tex.R.App.Pro. 81(b)(2). Moore v. State, 856 S.W.2d 502 (Tex.App.—Houston [1st] 1993). We granted the State’s petition for discretionary review to decide whether the Court of Appeals erred by holding the trial court abused its discretion under…