Rodriguez v. State

OPINION

Ken Wise, Justice

Appellant Johnny Omar Rodriguez was indicted for aggravated robbery. After appellant testified, the trial court charged the jury on the lesser-included offense of aggravated assault and on the defense .of self-defense, but the court refused a charge on the defense of necessity. The jury found appellant guilty of aggravated assault and assessed punishment at twenty-five years’- confinement.

Appellant challenges his conviction in a single issue: whether the trial court’s refusal of the necessity instruction was harmful error. We affirm because appellant has not suffered…