Smithwick v. State

OPINION

KLINGEMAN, Justice.

This is an appeal from a conviction for the offense of aggravated assault. Tex.Penal Code Ann. § 22.02 (Vernon 1974). After the jury found appellant guilty of the alleged offense, the trial court accepted appellant’s plea of “true” to the two enhancement paragraphs in the indictment, heard the evidence on the question of punishment, and then sentenced appellant to confinement for life in the Texas Department of Corrections pursuant to Tex.Penal Code Ann. § 12.42(d) (Vernon 1974).

Appellant’s first ground of error alleges that the trial court erred in overruling his…