The jury ended up giving them assault, not aggrivated. Aggrivated required pre-mediatation. But the guy was drunk and did something dumb and quick. It wasn't pre-meditated. The judge was essentially telling us it had to be aggrivated, but also quoted the law. The jury voted for non-aggrivated. But it was 3 strikes so he got the same sentence (the full boat) no matter if he was aggrivated or non-aggrivated.

how do I know this? the defense attorney and the prosecutor both went to bars in my neighborhood. I got both of them drinks and asked them for the back story on the case.