BROCK v. STATE

No. 01-08-00509-CR.

295 S.W.3d 45 (2009)

Courtney BROCK, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled July 9, 2009.


Attorney(s) appearing for the Case

George W. Lang II, State Counsel for Offenders, Huntsville, TX, for appellant.

Jeri Yenne, Criminal District Attorney, Terri T. Holder, Assistant District Attorney, Angleton, TX, for appellee.

Panel consists of Chief Justice RADACK and Justices ALCALA and HANKS.


OPINION

SHERRY RADACK, Chief Justice.

A jury convicted appellant, Courtney Brock, of assault on a public servant, TEX. PENAL CODE ANN. § 22.01(b)(1) (Vernon Supp.2008), and assessed punishment at 50 years' confinement, to run after appellant's existing sentences, and a $1,000 fine. In a single issue on appeal, appellant contends that there was evidence at trial that he was guilty only of the lesser-included offense of misdemeanor assault, and therefore...

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