Rogers v. State

OPINION

Opinion by

Justice ROSS.

Alan Rogers appeals from his conviction for aggravated assault, enhanced to a first degree felony offense by one prior felony conviction. A jury convicted him, found the enhancement allegation true, and assessed his punishment at imprisonment for life.

Rogers raises two points of error, contending that the court erred by refusing to provide a jury charge on a lesser included offense and by providing an erroneous response to a jury question sent out during deliberations.

The evidence shows that the victim, Regina Ford, was accosted by Rogers while she was in her…