Tullos v. State

OPINION

BENAVIDES, Justice.

Appellant, without a plea agreement, pled guilty to two indictments charging him with two aggravated assaults. The trial court assessed punishment at six years in each case. We affirm the judgment of the trial court in 13-85-089-CR, and reverse the judgment in 13-85-090-CR and remand for the entry of acquittal.

Briefly stated, the evidence shows that appellant stabbed Michael Smith in the back with a scratchawl, an icepick-like instrument used to mark sheetmetal. When Michael cried out, his father, Horace Smith, came to his aid with a hammer. Appellant shot Horace in…