Mohammud Nangurai v. State

OPINION

MICHAEL MASSENGALE, Justice.

A jury convicted appellant Mohammud Nangurai of assault, a third-degree felony, see Tex. Penal Code Ann. § 22.01(b)(2) (West Supp.2013), and it assessed punishment at five years in prison. See id. § 12.34(a) (West 2011). On appeal, Nan-gurai contends that the trial court erred by denying his request for an instruction on the lesser-included offense of misdemeanor assault. The State concedes error in the trial court’s failure to give the requested instruction, but argues on appeal that Nangurai was nevertheless not harmed by the error.

We reverse and remand.

Bac…