Brooks v. State

JONES, Justice.

Appellant, Cecilia Christine Brooks, was convicted of assault on a public servant. See Tex. Penal Code Ann. § 22.01(a)(1), (b)(1) (West 1994 & Supp.1998). The jury assessed punishment at two years’ confinement in the Institutional Division of the Texas Department of Criminal Justice, probated for two years. On appeal, Brooks asserts two points of error, complaining that (1) the evidence is factually insufficient to support the conviction, and (2) the trial court violated article 36.27 of the Code of Criminal Procedure in its response to a jury question. We will reverse.

FACTUAL…