Allen v. State

OPINION

Opinion by

Justice CARTER.

A jury rejected Jerry Don Allen’s insanity defense and found him guilty of two counts of assault on a public servant. 1 The jury assessed punishment at three years’ confinement on each count, and the court sentenced Allen accordingly, the sentences to run concurrently. Allen contends that the evidence was factually insufficient to support the jury’s rejection of the insanity defense and that the court erred when it ended Allen’s testimony during the punishment phase.

In a bizarre series of events, Allen came into a medical clinic, asked for a glass of water,…