Duplechin v. State

While I concur in the affirmance, I am persuaded that further discussion of the appellate posture of this case, Duplechin’s grounds and the authorities supporting our decision is appropriate.

Duplechin was convicted of the lesser included offense of aggravated assault by a jury on an indictment charging him with murder under the provisions of Section 19.-02(a)(1) and (2) of the Texas Penal Code. The indictment alleged two prior felony convictions for the purpose of enhancement of punishment under Section 12.42(d), Texas Penal Code. The jury found that the defendant had been convicted of such…