Wiggins v. State

OPINION

Opinion by

Justice CARTER.

Ben Lang Wiggins appeals his conviction for retaliation. Due to a prior felony conviction, Wiggins received an enhanced sentence of eleven years. He raises three points of error: (1) failure to instruct the jury on a lesser included offense; (2) failure to properly identify Wiggins; and (3) insufficiency of the evidence of retributory intent. After reviewing the record, applicable law, and oral argument of the parties, we affirm the judgment of the trial court.

1. Factual and Procedural Background

Texas Department of Public Safety Trooper Eric White was on duty…