Michael L. Yarian v. State

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-04-015-CR

MICHAEL L. YARIAN APPELLANT

V

THE STATE OF TEXAS STATE

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FROM THE 43RD DISTRICT COURT OF PARKER COUNTY

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MEMORANDUM OPINION1

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I. Introduction

Appellant Michael L. Yarian appeals his conviction for assault of a public servant. A jury found Yarian guilty and assessed his punishment at three years’ confinement. In two issues, Yarian contends that the trial court erred by failing to instruct the jury on the defense of the right to resist arrest and the lesser included offense of resisting arrest. Because the…