NILES v. STATE

Nos. PD-0234-17, PD-0235-17.

555 S.W.3d 562 (2018)

Scott NILES, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

Rehearing Denied September 12, 2018.


Attorney(s) appearing for the Case

Jonathan D. Landers , Laurel Ortego, for Scott Niles.

John R. Messinger , for State of Texas.

Newell, J., delivered the opinion of the Court in which Keller, P.J., and Keasler, Hervey, Alcala, Richardson, Keel and Walker, JJ., joined. Yeary, J., filed a dissenting opinion.


Terroristic Threat is usually a Class B misdemeanor, but the offense is Class A misdemeanor "if the offense is committed against a public servant." Scott Niles, a firefighter, was charged by information with two counts of the Class A version for threatening his fellow firefighters. He was arraigned, tried, convicted, and sentenced on the two Class A counts. But the jury charges had tracked the Class B misdemeanor version of the crime; the jury was not asked if the terroristic...

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