Redmon v. State

OPINION

DIES, Chief Justice.

Appellant was convicted by a jury of aggravated assault on a peace officer. The jury found that the two enhancement provisions contained in the indictment were true. The jury assessed punishment at thirty-five years in the Texas Department of Corrections. Appeal has been perfected to this court.

First point of error is as follows:

“The trial court committed reversible error by failing to charge the jury on the lesser included offense of reckless conduct.”

While the point of error raises “reckless conduct,” Appellant’s brief discusses simple assault, TEX.PENAL CODE ANN.…