Guzman, Jose Jesus

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1863-04

JOSE JESUS GUZMAN, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE FOURTH COURT OF APPEALS

WEBB COUNTY

Keller, P.J., filed a concurring opinion.

The defendant was charged with attempted murder, and received an instruction on aggravated assault by causing bodily injury. The question in this case is whether he is entitled to a jury charge on deadly conduct even though his acts actually caused injury to his victim. The San Antonio Court of Appeals, agreeing with two other courts of appeals that had spoken on…