Prudhomme v. State

OPINION

DIES, Chief Justice.

Appellant was convicted by a jury of aggravated assault. After the verdict of guilty, though appellant had previously elected to have punishment assessed by a jury, the trial court withdrew the penalty phase of trial from jury consideration and assessed a life sentence. Appeal has been perfected to this Court.

Appellant’s first ground of error follows:

“The trial court erred by withdrawing the assessment of punishment from the jury because a question of fact existed for jury determination.”

After the trial court believed appellant had admitted to final convictions in…