Duran v. .State

OPINION

MEYERS, JOHNSON, HERVEY, ALCALA, AND RICHARDSON, JJ., joined.

In this case, a jury convicted Appellant of both burglary of a habitation and aggravated assault in two separate counts. The jury found Appellant guilty of both counts, but the State abandoned the aggravated assault conviction prior to the punishment phase of the trial. We are asked to determine whether the court of appeals erred by 1) upholding the conviction on the aggravated assault charge even though the State had abandoned that charge prior to punishment; and 2) upholding. the trial court’s- modification to the -…