William David Brumbalow v. State

OPINION

REX D. DAVIS, Justice.

A jury convicted Appellant William David Brumbalow of aggravated assault against a public servant and assessed his punishment at forty years’ imprisonment. This appeal ensued.

Lesser-Included-Offense Instruction

In his first issue, Brumbalow contends that the trial court erred in overruling his request for a lesser-included instruction on the offense of misdemeanor resisting arrest.

Appellate review of alleged jury-charge error involves a two-step process. Abdnor v. State, 871 S.W.2d 726, 731 (Tex.Crim.App.1994). Initially, the court must determine whether error…