Christopher Damien Capello v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-05-00553-CR

Christopher Damien Capello, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF CALDWELL COUNTY, 274TH JUDICIAL DISTRICT

NO. 2003-169, HONORABLE TODD A. BLOMERTH, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

The jury convicted appellant Christopher Damien Capello of the third-degree felony offense of Assault--Family Violence. See Tex. Pen. Code Ann. § 22.01(b)(2) (West Supp. 2005). Punishment was assessed at twenty years' confinement and a $5,000 fine. In five issues on appeal, Capello asserts that the district…