Lofton v. State

OPINION

A jury convicted appellant of assault on a public servant, sentenced appellant to confinement for 10 years, and ordered him to pay a $3000 fine. See Tex. Pen. Code § 22.01(b)(1).1 The Third Court of Ap*650peals reversed appellant’s conviction and remanded him to the custody of the Bell County sheriff. See Lofton v. State, 6 S.W.3d 796 (Tex.App. — Austin 1999). The court of appeals concluded that appellant presented sufficient evidence to raise the issue of the lesser offense of resisting arrest, that the trial court erred in refusing appellant’s requested instruction on that lesser…