Nathaniel David McCurdy v. the State of Texas
This text of Nathaniel David McCurdy v. the State of Texas (Nathaniel David McCurdy v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In the Court of Appeals Second Appellate District of Texas at Fort Worth No. 02-22-00264-CR
NATHANIEL DAVID MCCURDY, § On Appeal from Criminal District Appellant Court No. 1
§ of Tarrant County (1749382R)
V. § September 7, 2023
§ Memorandum 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 judgments for Counts Three and Four. Both judgments
are modified to delete the deadly weapon findings. The judgment for Count Three is
further modified to reflect a conviction for the lesser-included offense of engaging in
organized criminal activity by committing assault, and the judgment for Count Four is
also further modified to reflect a conviction for the lesser-included offense of assault
causing bodily injury. We affirm the trial court’s judgments in all other respects. We remand this case to the trial court to conduct a new punishment hearing on Counts
Three and Four.
SECOND DISTRICT COURT OF APPEALS
By /s/ Bonnie Sudderth Chief Justice Bonnie Sudderth
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