Jackson v. State

OPINION

GEORGE C. HANKS, JR., Justice.

Appellant was charged with aggravated assault against a public servant. See Tex. Pen.Code Ann. § 22.02(b)(2)(B) (Vernon Supp.2008). A jury convicted appellant of the lesser included offense of aggravated assault. Id. at § 22.02(a)(2). After finding two enhancement paragraphs true, the trial court assessed punishment at 40 years in prison. In two points of error, appellant contends that: (1) the trial court erred in failing to instruct the jury on the right to use deadly force to prevent imminent commission of murder, robbery, or aggravated robbery; and (2)…