Martin v. State

OPINION ON REMAND AND ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

DAY, Justice.

We withdraw our opinion and judgment of November 16, 2000 and substitute the following in their place.

A jury convicted Michael Cody Martin of three counts of aggravated assault and two counts of deadly conduct. Punishment was assessed at eight years’ confinement for each of the aggravated assault convictions and one year’s confinement for each of the deadly conduct convictions.

In Martin’s seventh point on appeal, he complains that the trial court erred by failing to sua sponte include an instruction in the…