State v. Eakins

BEA ANN SMITH, Justice.

Assault with bodily injury, ordinarily a class A misdemeanor, is a third degree felony if the offense is committed against “a member of the defendant’s family or household, if it is shown on the trial of the offense that the defendant has been previously convicted of an offense against a member of the defendant’s family or household under this section.” Tex. Pen. Code Ann. § 22.01(b)(2) (West Supp.2002). The question presented in this appeal is how the State may prove, in a prosecution for assaulting a family member, that the defendant has previously been convicted of…