Traylor v. State

OPINION

GAULTNEY, Justice.

James Mark Traylor was convicted of Assault on a Public Servant enhanced by three prior convictions and was sentenced to forty years. He raises two points of error, alleging that the trial court erred in refusing his request for a mistake of fact instruction and in refusing his motion for a new trial based on jury misconduct. We overrule both points of error and affirm Traylor’s conviction and sentence.

Background

Traylor’s conviction stems from his arrest for a parole violation. On May 28, 1998, some 30 police officers from various jurisdictions converged on a rural…