LOFTON v. STATE

No. 03-98-00458-CR.

6 S.W.3d 796 (1999)

Morris Louis LOFTON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

December 16, 1999.


Attorney(s) appearing for the Case

Michael W. Metz, Tarver & Blythe, Temple, for Appellant.

James T. Russell, Administrative Asst., Belton, for Appellee.

Before Justices JONES, KIDD and YEAKEL.


LEE YEAKEL, Justice.

A jury convicted appellant of assault on a public servant and assessed punishment, enhanced by a prior conviction, at ten years' imprisonment and a $3,000 fine. See Tex. Penal Code Ann. § 22.01(a)(1), (b)(1) (West 1994 & Supp.1999). On appeal, appellant contends that the district court erred in refusing to submit appellant's requested jury instruction on the lesser included offense of resisting arrest. We will reverse and remand...

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