Wallace v. State

OPINION

CAMPBELL, Judge.

This is an appeal from a conviction for attempted capital murder. Punishment was assessed by the jury at twenty years imprisonment in the Texas Department of Corrections and a $5,000 fine. The appellant asserts in three grounds of error that the evidence is insufficient to support his conviction, the trial court erred in failing to charge the jury on the lesser included offense of aggravated assault, and the trial court erred in admitting evidence of extraneous offenses over defense objections. We agree with the appellant’s last contention and reverse.

Reviewing the…