Archie v. State

I agree that the trial court erred in denying Archie’s motion for a mistrial and that the trial court’s error was harmful. Thus I join in reversing the judgment assessing punishment for felony aggravated assault and remanding that cause to the trial court. However, because the trial court’s jury instruction created a new offense, I would also reverse the judgment of conviction of felony family violence assault. Because a majority affirms that judgment, I respectfully dissent.

I acknowledge that Archie did not object to the error in the charge and has not raised the issue on appeal. However, it…