Jaenicke v. State

OPINION ON REHEARING

TIM TAFT, Justice.

Appellant has filed a motion for rehearing of our opinion issued May 15, 2003. We deny that motion. However, we withdraw our May 15 opinion and issue this one in its stead.

The trial court found appellant, Christopher Lee Jaenieke, guilty of aggravated assault and assessed punishment at 20 years in prison. We address whether the trial court’s assessment of the maximum punishment based on jury verdicts in other cases constitutes fundamental error and, alternatively, whether appellant was denied the effective assistance of counsel because counsel did not…