Legal Opinion

Castellon v. State

Texas Court of Appeals, 7th District (Amarillo)

Decided September 14, 2009No. 07-08-0461-CRPublishedCited by 2 opinions

1Opinion of the Court

OPINION

MACKEY K. HANCOCK, Justice.

Appellant, Robert Lee Castellón, was convicted of aggravated assault with a deadly weapon. 1 Appellant was sentenced to serve 20 years confinement in the Institutional Division of the Texas Department of Criminal Justice (ID-TDCJ). By a single issue, appellant contends that the trial court committed reversible error when it did not sua sponte instruct the jury on the lesser-included charge of deadly conduct. 2 Disagreeing with appellant’s contention, we affirm.

Factual and Procedural Background

Appellant does not contest the sufficiency of the evidence,…

2Cases cited4 opinions

  1. Almanza v. StateCourt of Criminal Appeals of Texas · 1985
  2. Ngo v. StateCourt of Criminal Appeals of Texas · 2005
  3. Posey v. StateCourt of Criminal Appeals of Texas · 1998
  4. Darnes v. State, Texas Court of Appeals, 7th District (Amarillo)2003

3Cited by2 opinions

  1. Roger Dale Brecheen v. State of Texas, Texas Court of Appeals, 11th District (Eastland)2012
  2. Roger Dale Brecheen v. State of Texas, Texas Court of Appeals, 11th District (Eastland)2012

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