Bailey v. State

OPINION

Opinion by

Chief Justice SEERDEN.

This is an appeal from a conviction for aggravated assault. 1 By a single issue, Ray Anthony Bailey, appellant, challenges the legal sufficiency of the evidence to support his conviction. We modify the conviction and remand for re-sentencing.

On March 25, 1998, Cassandra Bailey, the estranged spouse of appellant, was walking home at about one o’clock in the morning. A car pulled up beside her. Ap pellant was in the ear and told Cassandra to get in. She did. After traveling several blocks, appellant ordered the driver to stop the car. He ordered Cassandra…