Henderson v. State

OPINION

JAN P. PATTERSON, Justice.

A jury found appellant Roger Wallace Henderson guilty of assault and assessed punishment at 150 days’ incarceration. See Tex. Pen.Code Ann. § 22.01(a)(1) (West Supp.2005). The issue presented in this appeal is whether the trial court violated appellant’s Sixth Amendment rights by entering an affirmative finding that “the said Defendant committed family violence in the course of committing the offense charged.” 1 We hold that it did not and affirm the conviction.

The court’s finding was entered in the judgment pursuant to code of criminal procedure article…