Lund v. State

OPINION

Opinion by

Justice CARTER.

After a jury trial, James Edmond Lund was convicted of aggravated assault with a deadly weapon 1 and sentenced to five years’ incarceration. 2 On appeal, Lund complains of the admission of a witness statement, in violation of the Texas Rules of Evidence. Although we find (1) it was proper to use the statement for impeachment, (2) the trial court erred by failing to submit a timely and proper limiting instruction relative to the statement, and (3) the trial court erred by admitting the witness statement for all purposes, such error did not result in harm. We…