Chavis v. State

OPINION

TIM TAFT, Justice.

A jury convicted appellant, Joseph Mol-ton Chavis, of felony assault upon an elderly person. See Tex. Pen.Code Ajstn. § 22.04(a) (Vernon 2003). The jury found true enhancement paragraphs alleging two prior convictions for aggravated assault and assessed punishment at confinement in prison for 33 years. We determine whether the trial court erred in the punishment phase of trial by granting the State’s mid-trial motion to abandon the convicting court numbers in the enhancement paragraphs of the indictment. We affirm.

Facts

On the morning of September 20, 2003, Linda…