Danny Eubank v. The State of Texas--Appeal from 19th District Court of McLennan County

State: Texas

Court: Texas Northern District Court

Docket No: 14-09-00323-CR

Case Date: 12/17/2009

Plaintiff: Danny Eubank

Defendant: The State of Texas--Appeal from 19th District Court of McLennan County

Preview:Affirmed and Memorandum Opinion filed December 17, 2009.

In The

Fourteenth Court of Appeals
___________________ NO. 14-09-00323-CR ___________________ DANNY EUBANK, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 19th District Court McLennan County, Texas Trial Court Cause No. 2009-192-C1

MEMORANDUM OPINION
Appellant Danny Eubank appeals his conviction for aggravated assault challenging the constitutionality of section 22.02 of the Texas Penal Code. We affirm. The indictment charging appellant with aggravated assault alleged that he recklessly caused serious bodily injury to his girlfriend by striking her with a broom or wooden board or his hands or feet, or an object unknown to the grand jury. The second paragraph of the

indictment charged appellant with knowingly, or recklessly causing bodily injury to his girlfriend by striking her with a broom or wooden board, or his hands or feet, and the use or exhibition of a deadly weapon. A jury found appellant guilty of aggravated assault and assessed punishment, enhanced by one prior felony conviction, at 45 years in the Institutional Division of the Texas Department of Criminal Justice. In a single issue, appellant challenges the constitutionality of section 22.02 of the Texas Penal Code. Section 22.02 provides that a person commits aggravated assault if he or she commits assault as defined in section 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or (2) uses or exhibits a deadly weapon during the commission of the assault. Tex. Penal Code Ann.

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