Gallegos v. State

OPINION

BROWN, Commissioner.

Appellant was convicted of the offense of reckless conduct by a jury in County Court at Law # 2 of El Paso County. The court assessed punishment at confinement in the county jail for 180 days, probated for six months.

Appellant’s sole ground of error is that the court erred in overruling his objection to the court’s charge because the court failed to charge on the offense of assault which appellant contends is a lesser included offense to reckless conduct under the 1974 Penal Code. Appellant is mistaken in this assumption.

Article 37.09, Vernon’s Ann.C.C.P., provides…