Torres v. State

OPINION

NORMAN LEE, Justice

(Assigned).

Appellant Fernando Guillermo Torres (Torres) appeals his conviction for assault, claiming the jury should have been charged about apparent danger. We agree that the trial court should have instructed the jury about apparent danger. Additionally, we overrule the State’s cross-point that the trial court erred in instructing the jury on self-defense. Accordingly, we reverse and remand for a new trial.

BACKGROUND

A jury found Torres guilty of assault because of a physical altercation he had with his then wife. At trial, both parties described the altercation…