Rios v. State

Appellant Sammy Rios appeals his conviction for the offense of Deadly Weapon in a Penal Institution. Appellant pleaded not guilty, but the jury found him guilty of the charged offense and assessed his punishment at twenty-five years’ confinement in the Texas Department of Criminal Justice — Institutional Division (“TDCJ-ID”). On appeal, Appellant complains that he should have been allowed to present evidence of the necessity of his actions. We will affirm.

Factual Background

At the guilVinnocence phase of trial, the State offered the testimony of two employees of TDCJ-ID to establish that…