Blue v. State

EN BANC OPINION ON REHEARING ON COURT’S MOTION

MARGARET GARNER MIRABAL Justice.

A jury found appellant, Benjamin Leon Blue, guilty of aggravated assault on a public servant. The jury assessed punishment at confinement for 10 years and a fine of $3000. A divided panel of this Court affirmed the judgment on June 25, 1998. Rehearing en bane was granted on the Court’s own motion and the June 25 opinion was withdrawn. We substitute this opinion in its stead. We affirm.

In his first two points of error, appellant asserts that reversible error occurred when the trial judge made opening comments to a…