Rodgers v. State

Ray Thornton, Justice.

Appellant, Eddie Rodgers, was convicted of aggravated assault. This conviction stems from an incident that occurred in late 1999. On December 17, 1999, appellant pointed a gun at Bryant Young’s head, threatened to kill him, and then fired a shot into Mr. Young’s car.

During the penalty phase of appellant’s trial, the trial court instructed the jury that it could recommend that appellant be placed on probation as an alternative to imprisonment. However, the trial court informed the jury that ip was not bound to follow its recommendation. The jury chose to sentence…