Gilbert v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant was convicted by a jury of injury to a child. V.T.C.A. Penal Code § 22.04. The jury assessed punishment at life imprisonment in the Texas Department of Corrections and a $10,000 fine. The Dallas Court of Appeals affirmed appellant’s conviction in an unpublished opinion. Gilbert v. State, No. 05-85-01380-CR (Tex.App. Dallas delivered December 11, 1986). We initially granted three grounds in appellant’s petition for discretionary review to determine whether the Court of Appeals erred in holding Art. 37.07 § 4(a),…