Blue v. State

OPINION ON REMAND FROM THE COURT OF CRIMINAL APPEALS

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 $3,000. In the original appeal, we affirmed. Blue v. State, 983 S.W.2d 811 (Tex.App.-Houston [1st Dist.] 1998) (en banc), rev’d, 41 S.W.3d 129 (Tex.Crim.App.2000).

The Court of Criminal Appeals granted appellant’s petition for discretionary review solely to determine whether we erred in holding that, by his failure to object, appellant failed to…