Ben Wiggins v. State

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-07-00117-CR

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BEN LANG WIGGINS, Appellant

V

THE STATE OF TEXAS, Appellee

On Appeal from the Fifth Judicial District Court

Cass County, Texas

Trial Court No. 2006F00177

Before Morriss, C.J., Carter and Moseley, JJ.

Opinion by Justice Carter

O P I N I O N

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…