Donoho v. State

OPINION ON REHEARING

DAY, Justice.

I. INTRODUCTION

We have reconsidered our prior opinions upon appellant’s motion for rehearing. We deny appellant’s motion for rehearing, withdraw our opinions and judgment of December 28, 2000, and substitute the following.

A grand jury indicted Appellant Eric Scott Donoho on two counts of aggravated assault on a public servant. A jury determined that Appellant had used or exhibited a deadly weapon during the commission of the offenses and returned a guilty verdict on both counts. After finding the enhancement paragraph to be true, the jury assessed punishment…