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IRVING v. STATE

No. PD-91-04.

161 S.W.3d 503 (2005)

Charles Ray IRVING, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

April 27, 2005.

Attorney(s) appearing for the Case

Bryan Frazier, Orange, for Appellant.

Jeffrey L. Van Horn, First Assist. St. Atty., Matthew Paul, State's Attorney, Austin, for State.

OPINION

MEYERS, J., delivered the opinion of the Court, in which PRICE, WOMACK, JOHNSON, and COCHRAN, J.J., joined.

Appellant Charles Ray Irving was convicted of the offense of aggravated assault. On appeal, Appellant argued that the trial court erred in failing to instruct the jury on the lesser-included offense of simple assault. The Ninth Court of Appeals held that Appellant was entitled to an instruction...

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