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William Kyle Walters v. the State of Texas

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ON DISCRETIONARY REVIEW

Womack, J., delivered the opinion of the unanimous Court.

In September, 2007, a jury found the appellant guilty of two counts of aggravated assault with a deadly weapon.*fn1 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 In December, 2010, the Fifth Court of Appeals affirmed the appellant’s convictions in an unpublished opinion.*fn2 The appellant now raises one issue for our review.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 prior cases, we affirm the judgments of the lower courts and overrule our earlier opinion in Ross v. State.*fn3

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