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MILLER v. STATE

No. 07-01-0218-CR.

86 S.W.3d 663 (2002)

Larry Floyd MILLER, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Amarillo.

Discretionary Review Refused September 11, 2002.

Attorney(s) appearing for the Case

Greg Merkle, Wichita Falls, for appellant.

Dan Mike Bird, Wilbarger Dist. Attorney's Office, Vernon, for appellee.

Before QUINN and REAVIS and JOHNSON, JJ.

PHIL JOHNSON, Justice.

Appellant Larry Floyd Miller, Jr., appeals from his conviction for aggravated assault by threat on a public servant (aggravated assault). He alleges that the jury should have been charged on lesser-included offenses of resisting arrest and misdemeanor deadly conduct (deadly conduct). We affirm.

BACKGROUND

On November 29, 2000, appellant and two other males were in a pickup truck driving...

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