Bobby Clifford Smith v. State

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-04-110-CR

BOBBY CLIFFORD SMITH APPELLANT

V

THE STATE OF TEXAS STATE

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FROM THE 43RD DISTRICT COURT OF PARKER COUNTY

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MEMORANDUM OPINION[1]

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Introduction

Appellant Bobby Clifford Smith appeals his six-year sentence and $2,500 fine for assault on a public servant. In his sole point on appeal, appellant contends that the trial court erred by refusing to submit an instruction for the lesser-included offense of resisting arrest. We affirm.

Background Facts

On May 8, 2003, the Parker County Sheriff=s Office executed an…