Garcia v. State

DODSON, Justice.

The appellant, Eugenio Martinez Garcia, was charged by indictment with attempted aggravated rape. See: Tex.Penal Code Ann. § 15.01 (Vernon Supp.1981) and § 21.-03 (Vernon 1974). * The jury convicted the appellant of the offense charged in the indictment. The trial court assessed punishment, enhanced pursuant to Tex.Penal Code Ann. § 12.42(d) (Vernon 1974), at life imprisonment. Appealing with five grounds of error, the appellant maintains that the trial court erred (1) by failing to instruct the jury regarding renunciation as a defense; (2) by failing to instruct the jury on…