Lydia Hernandez Bowen v. State

OPINION ON REMAND

ANNE GARDNER, Justice.

Appellant Lydia Hernandez Bowen was tried before a jury for resisting arrest. At the close of evidence, Appellant sought an instruction on the defense of necessity, which the trial court refused. Appellant appealed from her conviction, and we affirmed the trial court’s denial of the necessity instruction. Bowen v. State, 117 S.W.3d 291 (Tex.App.-Fort Worth 2003), rev’d, 162 S.W.3d 226, 230 (Tex.Crim.App.2005). The court of criminal appeals reversed, holding that the trial court erred by failing to submit the necessity defense and remanding the case to…