Blue v. State

41 S.W.3d 129 (2000)

Benjamin Leon BLUE, Appellant,

v.

The STATE of Texas.

No. 1254-99.

Court of Criminal Appeals of Texas, En Banc.

December 13, 2000.

Randolph E. Roll, Houston, for appellant.

Alan Curry, Asst. DA, Houston, Matthew Paul, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

JOHNSON, J., announced the judgment of the Court, and delivered an opinion in which MANSFIELD, PRICE and HOLLAND, JJ., joined.

Appellant Benjamin Leon Blue was convicted of aggravated assault on a public servant. See Tex. Pen.Code § 22.01(a)(1) & (b)(1). The jury assessed punishment at confinement…