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Click here for the full text of this decision FACTS:Leo Daniel Thomas was convicted of misdemeanor assault for striking Erica Thomas and trying to choke her. Leo and Erica both admitted at trial that they had once been married to each other and that they had a child together. Accordingly, the trial court entered a family-violence finding in the case. On appeal, Leo argues that the trial court erred by entering such a finding without giving him notice. HOLDING:Affirmed. The court points out that Family Code 71.003 defines “family” as including former spouses and individuals who are the biological parents of the same child, regardless of marital status. After acknowledging the current and prior relationship he had with Erica, Leo could not have been surprised by the finding. The court observes that the finding had no bearing on Leo’s sentence, as his conviction would be ratcheted up on a felony only if he had a prior conviction involving family-violence, which he did not. The court rejects Leo’s argument that a family- violence finding is akin to a deadly-weapon finding that must be noticed. The court notes that a deadly- weapon finding can affect a defendant’s eligibility for parole, which is not a result of a family-violence finding. Finally, the court rules that Blakely v. Washington, 124 S.Ct. 2531 (2004), does not apply. That state affects the trial court’s ability to increase a defendant’s punishment above the sentencing range, but in this case, the trial court’s finding did not affect Leo’s punishment. OPINION:Morris, J.; Morris, Moseley and FitzGerald, JJ.

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