In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-04-00158-CR

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MARIO ANTHONY GAMBOA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 71st Judicial District Court

Harrison County, Texas

Trial Court No. 04-0238X

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

            Mario Anthony Gamboa appeals from his conviction by a jury for the offense of aggravated assault with a deadly weapon on a public servant. Two cases were tried together. The jury assessed Gamboa's punishment at thirty-five years' imprisonment for the count in this case. The trial court sentenced Gamboa consistent with the jury's verdict. The cases have been appealed separately, but have been briefed together.

            Because the briefs and arguments raised therein are identical in both appeals, for the reasons stated in Gamboa v. State, No. 06-04-00157-CR, we likewise resolve the issues in this appeal in favor of the State.

            We affirm the judgment of the trial court.

                                                                                    Josh R. Morriss, III

                                                                                    Chief Justice

Date Submitted:          August 23, 2005

Date Decided:             August 24, 2005

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