Brock v. State

OPINION

SHERRY RADACK, Chief Justice.

A jury convicted appellant, Courtney Brock, of assault on a public servant, Tex. Penal Code Ann. § 22.01(b)(1) (Vernon Supp.2008), and assessed punishment at 50 years’ confinement, to run after appellant’s existing sentences, and a $1,000 fine. In a single issue on appeal, appellant contends that there was evidence at trial that he was guilty only of the lesser-included offense of misdemeanor assault, and therefore, that the trial court erred by refusing to include appellant’s requested instruction on the lesser-included offense in the jury charge. We…