Botello v. State

OPINION

BENAVIDES, Justice.

On our own motion, we grant a rehearing, withdraw our opinion of March 14, 1985, and substitute this opinion for the original. Appellant was tried and convicted by a jury of aggravated assault. Appellant elected to have the court assess punishment.

Appellant was sentenced by the court to four years’ confinement in the Texas Department of Corrections, and the court ordered that appellant pay restitution in the amount of $2,101.20.

The instant prosecution grew out of an affray in a bar. In his first ground of error, appellant alleges the evidence is insufficient to show…