Garcia v. State

OPINION

TIJERINA, Justice.

This is an appeal from a conviction for aggravated assault with a deadly weapon. TEX.PENAL CODE ANN. § 22.02(a)(4) (Vernon Supp.1984). The jury found appellant guilty as charged in count I of the indictment and assessed the punishment at five years’ confinement plus a fine of five thousand ($5,000) dollars.

Appellant’s first assertion of error is that there is insufficient evidence to support the conviction; this requires a brief factual background. The victim, Leo Hernandez, was struck by an automobile on February 8, 1983, at the intersection of Park Street and San…