Bailey v. State

OPINION

Appellant Ray Anthony Bailey was convicted of aggravated assault by use of a deadly weapon. See Tex.Pen.Code § 22.02. The evidence at trial indicated that appellant threatened and repeatedly struck his estranged wife, Cassandra, with a piece of wood variously described as a “board” and a “stick.” On appeal, appellant challenged the legal sufficiency of the evidence supporting the deadly-weapon finding. The court of appeals reformed the judgment to reflect a conviction of assault, and remanded the cause for an new punishment hearing. Bailey v. State, 7 S.W.3d 721 (Tex.App.-Corpus…