Harold Wayne Cherry v. State

Opinion issued January 23, 2014. In The Court of Appeals For The First District of Texas ———————————— NO. 01-12-00763-CR ——————————— HAROLD WAYNE CHERRY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 23rd District Court Brazoria County, Texas Trial Court Case No. 65798 MEMORANDUM OPINION A jury convicted Harold Wayne Cherry of aggravated assault and assessed punishment at eight years’ imprisonment. 1 In his sole issue on appeal, Cherry contends that the trial court erred by charging the jury on the law of provocation, 1 TEX. PENAL CODE ANN. § 22.02(A)(1) (West 2011). despite…