Davis v. State

ANGELINI, Justice.

Appellant, Marlin J. Davis (“Davis”), appeals his conviction for aggravated assault. In two points of error, Davis contends the trial court erred by: (1) admitting the testimony of the victim of a prior crime for which Davis was serving deferred adjudication probation; and (2) failing to instruct the jury on Davis’s “right to continue shooting.” Because we conclude the trial court erred in admitting the testimony of the victim of the prior crime for which Davis was serving deferred adjudication probation, we reverse the punishment portion of the trial court’s judgment and…