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DAVIS v. STATE

No. 04-96-00720-CR.

952 S.W.2d 20 (1997)

Marlin J. DAVIS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Opinion Dissenting on Reconsideration September 17, 1997.

Attorney(s) appearing for the Case

Ernie Glenn, San Antonio, for appellant.

Edward F. Shaughnessy, III, Assistant Criminal District Attorney, San Antonio, for appellee.

Before RICKHOFF, LOPEZ and ANGELINI, JJ.

ANGELINI, Justice.

Appellant, Marlin J. Davis ("Davis"), appeals his conviction for aggravated assault. In two points of error, Davis contends the trial court erred by: (1) admitting the testimony of the victim of a prior crime for which Davis was serving deferred adjudication probation; and (2) failing to instruct the jury on Davis's "right to continue shooting." Because we conclude the trial court erred in admitting the testimony of the victim of the prior crime...

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