Berry v. State

OPINION

Opinion by

Justice ROSS.

Sha-Ron Donte Berry appeals from his conviction by a jury for aggravated assault with a deadly weapon. 1 Punishment was enhanced on a finding by the jury that Berry had previously been convicted of a felony. 2 The jury assessed punishment at fifteen years’ imprisonment, and the court sentenced Berry accordingly. We affirm the conviction, but reverse and remand for a new trial on punishment.

In his first point of error, Berry contends the State failed to meet its burden of proof that the prior conviction, alleged in the indictment for enhancement of punishment, was…