Guzman v. State

OPINION

in which MEYERS, PRICE, JOHNSON, KEASLER, HERVEY, and HOLCOMB, JJ., joined.

Jose Jesus Guzman put a loaded semiautomatic gun to his ex-girlfriend’s head and pulled the trigger. The gun fired. She was seriously injured. He was indicted for attempted murder. At trial, appellant, who was sixteen at the time of the shooting, testified that he had removed the clip from the gun, so he thought that it was not loaded. It was. Although the trial judge instructed the jury on the lesser-included offense of aggravated assault, he refused appellant’s requested instruction on the lesser-included…