Miller v. State

OPINION

A jury convicted Appellant of aggravated assault and assessed punishment at confinement for forty years. The Court of Appeals affirmed the conviction on March 29, 2007. Miller v. State, No. 14-06-00224-CR, 2007 WL 925718 (Houston [14th], March 29, 2007). On May 29, 2007, Appellant timely filed his petition for discretionary review in the Court of Appeals. See Tex.R.App.P. 68.2. On June 14, 2007, the Court of Appeals withdrew its opinion, but failed to issue another opinion in its place. On December 13, 2007, the Court of Appeals issued another opinion, again affirming the conviction.…