Gonzales V. State

Antonio Gonzales has appealed from his convictions for aggravated assault and possession of a deadly weapon in a penal institution. He contended in his original appeal that the court erred by refusing to permit him to voir dire the jury panel on the defense of necessity, *fn1 by excluding evidence relevant to establishing that defense, and by commenting on defense counsel's representation. We reversed and remanded for a new trial based on the trial court's refusal to allow defense counsel to voir dire the jury on the defense of necessity. In that opinion we concluded that the defense was available in this fact situation and the questions were proper. Gonzales v. State, 972 S.W.2d 877 (Tex. App.-Texarkana 1998), vacated & remanded, 994 S.W.2d 170 (Tex. Crim. App. 1999).