Morales v. State

OPINION

YANEZ, Justice.

Jose Miguel Morales, appellant, was indicted for attempted murder and aggravated assault, but arraigned only on the aggravated assault charge. After a jury trial, he was found guilty of aggravated assault and sentenced by the jury to sixteen years confinement in the state penitentiary. He challenges his conviction by three points of error. We affirm.

In his first point, appellant contends that the trial court erred in sentencing appellant for a second degree felony. He contends that the 1994 amendment to Section 22.02 of the Penal Code, which elevated classification of…