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ALVARADO v. STATE

No. 09-09-00436-CR.

317 S.W.3d 749 (2010)

Jesus Daniel ALVARADO, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Decided May 19, 2010.

Discretionary Review Dismissed September 15, 2010.

Attorney(s) appearing for the Case

Clinard J. Hanby, The Woodlands, for appellant.

Brett W. Ligon, Dist. Atty., William J. Delmore III, Asst. Dist. Atty., Conroe, for state.

Before McKEITHEN, C.J., KREGER and HORTON, JJ.

OPINION

STEVE McKEITHEN, Chief Justice.

A jury found Jesus Daniel Alvarado guilty of aggravated assault with a deadly weapon. In punishment, the trial court found Alvarado to be an habitual offender and imposed a life sentence. See TEX. PEN.CODE ANN. § 22.02(a)(2) (Vernon Supp. 2009). The sole issue raised on appeal contends an erroneous jury instruction on the use or exhibition of a knife as a deadly weapon caused egregious harm. Because the...

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