Joshua Ray Gutierrez v. State

OPINION

Laura Carter Higley, Justice

The State charged Appellant, Joshua Ray Gutierrez, with the felony offense of assault by impeding breathing of a person with whom he had a dating relationship. 1 The jury found Appellant guilty of the lesser-included offense of misdemeanor assault. 2 The trial court assessed punishment at one year’s confinement, suspended the sentence, and placed Appellant on community supervision for one year. In three issues, Appellant argues the trial court abused its discretion by allowing the officer to testify about what the complainant had told him and by admitting…