Hooks v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

The offense is aggravated assault by threat with a deadly weapon, to-wit: a firearm. V.T.C.A. Penal Code, § 22.02(a)(4). In a bench trial on her plea of not guilty, the trial court found appellant guilty and assessed punishment at confinement for a term of ten years and a fine of $300; however, the trial judge suspended imposition of sentence and ordered appellant released on probation for a like term. Article 42.12, § 2(2) and § 3, V.A.C.C.P.

We granted the petition for discretionary review to determine whether the court of…