Bassallo v. State

Appellant, Bienvenido Bassallo, appeals his conviction for aggravated assault with a deadly weapon, raising four issues for our consideration. We write only to address appellant’s argument that the trial court abused its discretion in giving a self-defense instruction that indicated the de fense applied only if the victim suffered an “injury,” when no injury occurred, which negated the theory of the defense. We reverse and remand for a new trial on this issue alone.

Appellant, a foreman at Arrow Directional Boring, was charged with aggravated assault with a deadly weapon, following an…