Kelly v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

Appellant was convicted of the offense of injury to an elderly individual, Tex. Penal Code Ann. § 22.04, for which the jury assessed punishment at forty years’ confinement in the Texas Department of Corrections. The Seventh Court of Appeals affirmed the judgment of the trial court. Kelly v. State, 713 S.W.2d 198 (Tex.App.—Amarillo 1986). We granted appellant’s petition for discretionary review to determine whether the Court of Appeals failed to properly apply Beggs v. State, 597 S.W.2d 375 (Tex.Cr.App.1980), and…