Coy v. State

A jury found appellant guilty of aggravated assault and assessed punishment at imprisonment for seven years. Tex.Penal Code Ann. § 22.02(a), (c) (Supp.1992). The jury also found that appellant used a deadly weapon in the commission of this offense, and declined to recommend probation.

Appellant does not contest the sufficiency of the evidence, which shows that he shot Leonard Guerrero in the face with a shotgun on November 17, 1990. At the punishment stage of trial, the State offered the testimony of Joe Salazar. Over appellant’s objection, Salazar testified that appellant fired six pistol…