Rodriguez v. State

Opinion by:

Marialyn Barnard, Justice

A jury found appellant Robert Rodriguez, guilty of aggravated , assault — serious bodily injury, and the trial court sentenced him to twelve years’ confinement and a fine. On appeal, Rodríguez contends the trial, court- erred in denying his request for a jury instruction on .mistake of fact. We reverse the trial court’s judgment .and remand the matter to the trial court,

Background

Around 1:00 a.m., Omar- Avila, a-disc jockey for Club Azul, was leaving work. As he was getting into his car,.two men approached and. asked for a ride. Mr. Avila testified the men…