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TORRES v. STATE

No. 14-98-00572-CR.

7 S.W.3d 712 (1999)

Fernando Guillermo TORRES, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled December 16, 1999.

Attorney(s) appearing for the Case

Norman J. Silverman, Houston, for appellants.

Alan Curry, Houston, for appellees.

Panel consists of Justices SEARS, CANNON, and LEE.

OPINION

NORMAN LEE, Justice (Assigned).

Appellant Fernando Guillermo Torres (Torres) appeals his conviction for assault, claiming the jury should have been charged about apparent danger. We agree that the trial court should have instructed the jury about apparent danger. Additionally, we overrule the State's cross-point that the trial court erred in instructing the jury on self-defense. Accordingly, we reverse and remand for a new trial.

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