Diaz v. State

OPINION

FRANK MALONEY, Justice

(Retired).

Appellant was indicted for the offense of aggravated assault. The indictment *375charged that appellant unlawfully, intentionally and knowingly caused serious bodily injury to the complainant (naming him), by striking the complainant with a pool cue. Tex. Pen.Code Ann. § 22.02 (Vernon 1994). Appellant was found guilty by the jury “as charged in the indictment.” At the punishment hearing, the court over objection by appellant, submitted a deadly weapon special issue instruction to the jury. The jury found the special issue to be true and assessed a six-year…