Damian v. State

OPINION

JUNELL, Justice.

A jury found appellant guilty of aggravated assault on a peace officer with a deadly weapon, namely, an ax, and assessed punishment, enhanced by two prior felony convictions, at confinement for twenty-five years in the Texas Department of Corrections. With permission granted to file an out-of-time appeal, appellant brought six points of error, of which numbers four (4) and six (6) where later withdrawn by motion to this court. The remaining four points to be addressed are: (1) the penal code section under which appellant was charged and convicted is unconstitutionally…