Arroyo v. State

HARDBERGER, Chief Justice.

This appeal is on remand from the Court of Criminal Appeals. Tony Arroyo (“Arroyo”) is appealing his conviction of assault. We originally reversed the trial court’s judgment and remanded the cause for a new trial because the jury charge did not include the instruction mandated by Geesa v. State, 820 S.W.2d 154 (Tex.Crim.App.1991). See Arroyo v. State, 9 S.W.3d 330 (Tex.App.—San Antonio 1999), vacated, 32 S.W.3d 868 (Tex.Crim.App.2000). The Court of Criminal Appeals vacated our decision, stating, “At the time the Court of Appeals decided this case, it did not have the…