Benge v. State

OPINION

CHARLES W. SEYMORE, Justice.

Appellant, Cassandra Sue Benge, was charged with aggravated assault with a motor vehicle. A jury found her guilty of the lesser included offense of deadly conduct. The trial court assessed punishment at one year’s confinement, probated for eighteen months. This appeal followed. In a sole issue, appellant contends that the trial court erred in denying her a jury instruction on reckless driving because it is a lesser included offense of aggravated assault with a motor vehicle. We reverse and remand for a new trial.

I. BACKGROUND

On September 3, 1999, the…