Cates v. State

OPINION

ANDERSON, Justice.

We withdraw the opinion issued October 11, 2001, and substitute the following opinion in its place. Appellant’s motion for rehearing is overruled.

The State charged appellant, Johnny Weldon Cates, II, with the offense of failure to stop and render aid. Over his plea of not guilty, a jury found appellant guilty of the offense charged. In addition, the jury found that appellant used a deadly weapon in the commission of the offense. The jury assessed punishment at five years imprisonment in the Institutional Division of the Texas Department of Criminal Justice and…