WIGGINS v. STATE

No. 06-07-00117-CR.

255 S.W.3d 766 (2008)

Ben Lang WIGGINS, Appellant v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided May 9, 2008.


Attorney(s) appearing for the Case

Troy A. Hornsby, Miller, James, Miller & Hornsby, LLP, Texarkana, for Appellant.

Clint Allen, Cass County Dist. Atty., Linden, for State.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.


OPINION

Opinion by Justice CARTER.

Ben Lang Wiggins appeals his conviction for retaliation. Due to a prior felony conviction, Wiggins received an enhanced sentence of eleven years. He raises three points of error: (1) failure to instruct the jury on a lesser included offense; (2) failure to properly identify Wiggins; and (3) insufficiency of the evidence of retributory intent. After reviewing the record, applicable law, and oral argument of the parties,...

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