In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-08-00056-CR ______________________________

MALCOLM GEORGE, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 114th Judicial District Court Smith County, Texas Trial Court No. 114-2212-07

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

Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION Malcolm George was assessed two thirty-five-year sentences for aggravated assaults in Smith County1 based on threats to use a deadly weapon against Stephanie Veasey and her seventeen-year- old son, Jonathan Veasey. In separate appeals, George alleges that, in both convictions, the evidence is legally and factually insufficient to support the verdict. Since both assaults occurred during one time period, we have discussed the facts of the cases in our opinion in cause number 06-08-00055-CR. We hereby incorporate that factual discussion in this opinion.

Both cases were tried together and the points on appeal are identical. Accordingly, for the reasons stated in George v. State, cause number 06-08-00055-CR, we resolve the issues in this appeal in favor of the State, affirm the trial court's judgment, and reform the written sentence in this case to conform with the oral judgment pronounced at trial: thirty-five years' confinement to run concurrently with the sentence in cause number 06-08-00055-CR.

Josh R. Morriss III Chief Justice Date Submitted: September 29, 2008 Date Decided: October 22, 2008 Do Not Publish

This case has been transferred to this Court as part of the Texas Supreme Court's docket equalization program.