Lee v. State

OPINION

JOHN Hill, Justice (Assigned).

Robert Lee appeals his conviction by a jury of the offense of aggravated assault. The jury, finding an enhancement paragraph to be true, assessed his punishment at forty years in the Texas Department of Criminal Justice, Institutional Division. In a single point of error Lee contends the trial court erred in overruling his objection to the prosecutor’s misstatement of the law during the guilt-innocence phase of his trial.

We affirm. We find beyond a reasonable doubt that the prosecutor’s misstatement of the law concerning the burden of proof required for…