Sterry v. State

OPINION ON MOTION FOR REHEARING

WRIGHT, Judge.

We grant appellant’s motion for rehearing. We withdraw our opinion and judgment of December 31,1996. The following is now the opinion of this Court.

Gilbert Diamond Sterry appeals his conviction for assault. After the jury convicted appellant, visiting Judge Chuck Miller found the offense was committed because of bias or prejudice (a “hate crime finding”) and assessed punishment at seven years’ confinement. In nine points of error, appellant contends: (1) the evidence is insufficient to support the hate crime finding; (2) the jury should have…