Evans v. State

OPINION

CHEW, Justice.

This is an appeal of a conviction for the offense of aggravated assault. In three points of error, Jonathon Noel Evans, challenges the trial court’s failure to instruct the jury on the full range of punishment, and on the issue of defense of third persons. We affirm the conviction but reverse and remand for a new punishment hearing.

I

In the spring of 1998, a few months from their high school graduation, Evans and his friends, celebrated Friday nights, like other contemporaries, drinking beer and “dragging” the main street of Fort Stockton, Texas. But on the evening of…