Morris Louis Lofton v. State

LEE YEAKEL, Justice.

A jury convicted appellant of assault on a public servant and assessed punishment, enhanced by a prior conviction, at ten years’ imprisonment and a $3,000 fine. See Tex. Penal Code Ann. § 22.01(a)(1), (b)(1) (West 1994 & Supp.1999). On appeal, appellant contends that the district court erred in refusing to submit appellant’s requested jury instruction on the lesser included offense of resisting arrest. We will reverse and remand.

Facts

Officers Munoz and Elliott of the Temple Police Department responded to a domestic disturbance call at the home of appellant’s aunt. "When…