Walters, William Kyle

In September, 2007, a jury found the appellant guilty of two counts of aggravated assault with a deadly weapon. 1 In each case, the trial court sentenced the appellant to 40 years’ confinement, to run concurrently, and a $2,500 fine. In December, 2010, the Fifth Court of Appeals affirmed the appellant’s convictions in an unpublished opinion. 2 The appellant now raises one issue for our review. Finding that the Court of Appeals reached the correct conclusion, but that it did so using an incorrect standard from one of our pri- or cases, we affirm the judgments of the lower courts and overrule…