MENDOZA v. STATE

No. 05-09-01290-CR.

349 S.W.3d 273 (2011)

Roman Jesse MENDOZA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

September 15, 2011.


Attorney(s) appearing for the Case

Taryn Davis , Law Office of Taryn Davis, Kaufman, Dan E. Wood, Jr. , Attorney at Law, Terrell, for Appellant.

Rick Harrison , District Attorney Kaufman County, Sue Korioth , Assistant Criminal District Attorney, Kaufman, for State.

Before Justices O'NEILL, FITZGERALD, and LANG.


OPINION

Opinion By Justice FITZGERALD.

Appellant Roman Jesse Mendoza was indicted for murder and relied on the defense of self-defense. The jury convicted him, and he appeals. We hold that the trial judge erred by instructing the jury on the doctrine of "provoking the difficulty," and accordingly we reverse appellant's conviction and remand the case for further proceedings.

I. BACKGROUND

A. Summary

On a Saturday night in October...

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