Garland Edwin Gross v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-06-00035-CR

Garland Edwin Gross, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 403RD JUDICIAL DISTRICT

NO. 2034169, HONORABLE BRENDA P. KENNEDY, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

A jury convicted appellant Garland Edwin Gross, Jr. of assault against a public servant, a third-degree felony. See Tex. Penal Code Ann. § 22.01(b)(1) (West Supp. 2006). Appellant elected to have punishment assessed by the judge, who assessed a sentence of five years' imprisonment, but suspended that sentence and…