Grey v. State

OPINION

W. KENNETH LAW, Chief Justice.

Appellant Steven Grey was tried on an indictment accusing him of aggravated assault. The jury returned a verdict convicting him of the lesser offense of simple assault, and the trial court assessed punishment at one year in jail. Because we agree with appellant that the trial court erred by submitting the lesser offense to the jury, we will reverse the conviction and remand for a new trial.

Shortly before midnight on July 3, 2006, appellant drove to the residence of the complainant, Heather Dukes, to discuss Dukes’s relationship with appellant’s girlfriend,…