Montgomery v. State

OPINION

DIXON W. HOLMAN, Justice.

Appellant Charles Hiawatha Montgomery appeals from his conviction for the offense of aggravated assault with a deadly weapon. The indictment charged that, on or about January 27, 2001, Appellant “did ... intentionally or knowingly threaten Margaret Garrett with imminent bodily injury and did then and there during the commission of said assault, use or exhibit a deadly weapon, to-wit: a firearm.” The charge was enhanced by Appellant’s two prior felony convictions.

Appellant pled guilty and pled true to one of the enhancement paragraphs, and the State abandoned…