Johnson v. State

OPINION ON REMAND

FOWLER, Justice.

In a previous opinion, we affirmed the convictions of appellant, James Howard Johnson, for attempted capital murder and aggravated assault. See Johnson v. State, 988 S.W.2d 800, 803 (Tex.App. — Houston [14th Dist.] 1998). Appellant filed a petition for discretionary review, and on May 12, 1999, the Texas Court of Criminal Appeals vacated our judgment and remanded the cause to us for reconsideration in light of Ex parte Ervin, 991 S.W.2d 804 (Tex.Crim.App.1999), issued after our original opinion. Based on Ervin, we vacate the trial court’s judgment as to the…