Mitchell v. State

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for the offense of aggravated assault; the punishment is imprisonment for 4 years.

The appellant was charged with the offense of aggravated robbery. The allegations for enhancement of punishment were abandoned and the appellant entered a plea of guilty to the offense of aggravated assault.

We have reviewed this appeal in the interest of justice as required by Article 40.-09, Sec. 13, V.A.C.C.P., and reverse the judgment because the evidence does not support a conviction for an aggravated assault that is a lesser included offense of…