Aguilar v. State

OPINION

CORNELIUS, Chief Justice.

Manuel Aguilar was convicted of resisting arrest. He appeals, bringing one point of error in which he contends that the trial court erred by denying his requested jury instruction on excessive force used during his arrest.

The undisputed evidence shows that the arresting officer first saw Aguilar hanging from the door of a moving automobile driven by Aguilar’s girlfriend. Aguilar and his friend had eaten dinner at a restaurant. During the meal an argument began and the girlfriend, Barbara Smith, decided to leave the restaurant without Aguilar. The two continued…