DocketNumber: 02-17-00365-CR
Filed Date: 2/21/2019
Status: Precedential
Modified Date: 2/23/2019
In the Court of Appeals Second Appellate District of Texas at Fort Worth No. 02-17-00365-CR HOWARD LEWIS JONES A/K/A § On Appeal from the 372nd District HOWARD LEWIS PATTERSON, Court Appellant § of Tarrant County (1509581R) § February 21, 2019 V. § Opinion by Chief Justice Sudderth § THE STATE OF TEXAS (nfp) JUDGMENT This court has considered the record on appeal in this case and holds that there was error in the trial court’s judgment. The judgment is modified to delete the portion of the judgment for count two that provides, “INJURY TO A ELDERLY INDIVIDUAL – INTENTIONALLY AND KNOWINGLY CAUSE SERIOUS BODILY INJURY THAT IN THE MANNER OF ITS USE OR INTENDED USE WAS CAPABLE OF CAUSING DEATH OR SERIOUS BODILY INJURY” and reform the judgment to provide in its place, “Aggravated Assault with a deadly weapon.” We further delete the portion of the judgment for count two that provides, “22.04(e) PC,” and reform the judgment to provide in its place, “22.02(a)(2).” It is ordered that the judgment of the trial court is affirmed as modified. SECOND DISTRICT COURT OF APPEALS By __/s/ Bonnie Sudderth________________ Chief Justice Bonnie Sudderth