Pena v. State

OPINION

NYE, Chief Justice.

A jury found appellant guilty of assaulting a peace officer (aggravated assault) and assessed his punishment at thirteen years in the Texas Department of Corrections. Appellant raises two grounds of error on appeal, alleging that the trial court erred when it failed to instruct the jury (1) on the law of accident and voluntary conduct, and (2) on the use of excessive force by the arresting police officers. We affirm.

Around 2:30 a.m. one morning, Harlingen Police Officers Martinez, Sauceda, and Villarreal responded to a family disturbance call at appellant’s home.…