Israel Zapata v. State

OPINION

Opinion by:

LUZ ELENA D. CHAPA, Justice.

A jury convicted Israel Zapata of aggravated robbery. On appeal, he argues: (1) the trial court erred by denying his request to instruct the jury on the lesser-included offense of aggravated assault; (2) the trial court erred by denying his request for a spoliation instruction; and (3) the evidence is legally insufficient to support the trial court’s assessment of his appointed attorney’s fees as costs. We modify the trial court’s judgment to delete the assessment of attorney’s fees against Zapata and affirm the judgment as modified.

Background

One…