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TRAYLOR v. STATE

No. 09-00-071 CR.

43 S.W.3d 725 (2001)

James Mark TRAYLOR, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

May 2, 2001.

Attorney(s) appearing for the Case

Stephen Simonsen, Conroe, for appellant.

Michael A. McDougal, Dist. Atty., Peter C. Speers, III, Asst. Dist. Atty., Conroe, for State.

OPINION

GAULTNEY, Justice.

James Mark Traylor was convicted of Assault on a Public Servant enhanced by three prior convictions and was sentenced to forty years. He raises two points of error, alleging that the trial court erred in refusing his request for a mistake of fact instruction and in refusing his motion for a new trial based on jury misconduct. We overrule both points of error and affirm Traylor's conviction and sentence.

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