Simmons v. State

OPINION

Opinion by

Justice GRANT.

Richard B. Simmons appeals his conviction for aggravated assault with a deadly weapon on a public servant. A jury found Simmons guilty as charged in the indictment, and the trial court sentenced Simmons to ninety-nine years’ imprisonment.

Simmons contends he is entitled to a new trial because the State failed to read the correct indictment prior to the presentation of evidence, because the evidence is legally and factually insufficient to support his conviction, and because the trial court inadequately charged the jury.

A. Factual Background.

There was evidence…