Summary
This Texas Court of Criminal Appeals document concerns Steven Allen Jones's criminal appeal arising from a Harris County aggravated-assault conviction. The issues include the sufficiency of the evidence, the use of a deadly weapon, and whether the trial court should have instructed the jury on the lesser-included offense of assault.
Topics
Practice areas
Questions Presented
- Whether the trial court erred by refusing to instruct the jury on assault as a lesser-included offense of aggravated assault.
Holdings
- The evidence did not entitle Jones to an instruction on the lesser-included offense of assault because it did not permit a rational jury to find him guilty of assault but not aggravated assault.
Factual background
Jones was charged with aggravated assault arising from an altercation involving an alleged deadly weapon. A jury convicted him of aggravated assault. Jones argued that the evidence required submission of assault as a lesser-included offense.
Procedural history
Jones was convicted in the 351st District Court of Harris County of aggravated assault. The First Court of Appeals affirmed. The Texas Court of Criminal Appeals considered Jones's challenge to the refusal to submit a lesser-included-offense instruction on assault and affirmed the judgment below.