Pennington v. State

OPINION

WALKER, Justice.

INTRODUCTION

A jury convicted Cynthia S. Pennington (“Pennington”) of possession of a controlled substance. The trial court sentenced her to ten years’ confinement in the Institutional Division of the Texas Department of Criminal Justice. In a single point on appeal, Pennington claims that the trial court erred in refusing her request for a jury instruction on the defense of necessity. We reverse the trial court’s judgment and remand this case for a new trial.

BACKGROUND FACTS

On August 5, 1997, at approximately 8:45 a.m., Arlington Police Officer Ronald Langford observed…