James Linzie Jones v. State Texas

James Linzie Jones appeals his conviction by a jury of the offense of attempted sexual assault. The jury, finding an enhancement allegation to be true, assessed his punishment at twenty years confinement in the Texas Department of Criminal Justice, Institutional Division, and a fine of $10,000. Jones contends in eight points of error that the trial court erred by: (1) instructing the jury concerning the offense of attempted sexual assault because that offense is not a lesser included offense of burglary of a habitation with intent to commit sexual assault; (2) refusing to admit the testimony of Bobby Dale Jones, Rhonda Susan Walker, and Cynthia Jones that showed his state of mind and lack of intent to commit the offense of burglary of a habitation with intent to commit sexual assault; (3) denying his motion for directed verdict; (4) refusing to charge the jury on the defense of mistake of fact; (5) instructing the jury regarding the application of parole law to his sentence in violation of his constitutional rights; and (6) improperly instructing the jury on the laws concerning parole as set out in TEX. CODE CRIM. PROC. ANN. art. 37.07, § 4(c) (Vernon Supp. 1993).