Gonzalez v. State

OPINION

Before CADENA, C.J. and SHIRLEY W. BUTTS and ANTONIO G. CANTU, JJ. CADENA, Chief Justice.

Appellant, who was convicted of voluntary manslaughter and sentenced to 15 years' imprisonment, seeks reversal of his conviction because the trial court, over his objection, refused to submit his requested instruction on the lesser included offense of aggravated assault. We reverse the conviction.

Appellant and Guadalupe DeAnda began fighting inside a bar and were told to leave by the proprietor, Filberto Sierra. Appellant testified that as they were exiting, DeAnda attacked him from behind and…