Miller v. State

PHIL JOHNSON, Justice.

Appellant Larry Floyd Miller, Jr., appeals from his conviction for aggravated assault by threat on a public servant (aggravated assault). He alleges that the jury should have been charged on lesser- included offenses of resisting arrest and misdemeanor deadly conduct (deadly conduct). We affirm.

BACKGROUND

On November 29, 2000, appellant and two other males were in a pickup truck driving around Electra, Texas. Electra policeman Cody Shaw attempted a traffic stop of the pickup because it had only one functioning headlight. The pickup did not stop for the officer, but…