Reed v. State

OPINION

in which PRICE, JOHNSON, KEASLER, and HOLCOMB, JJ.,

joined.

Appellant was convicted of aggravated assault. Texas Penal Code § 22.02(a)(2). The jury assessed punishment at 20 years confinement and a $10,000 fine. Appellant appealed the conviction stating that the trial court improperly charged the jury by including the mental state of recklessness when the indictment alleged only the mental states of intentionally and knowingly. The Court of Appeals affirmed the trial *261court’s judgment. We granted review to determine whether the trial court improperly broadened the indictment by including…