Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Miller v. State

Deadly conduct is not a lesser-included offense of aggravated assault as charged (charging the appellant with committing the offense by "using or exhibiting" a deadly weapon) because the statutory elements of deadly conduct would not necessarily be established by proof of the same or less than all the facts required to establish the commission of the offense charged.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Appellant Larry Floyd Miller, Jr., appeals from his conviction for aggravated assault by threat on a public servant (aggravated assault). He alleges that the jury should have been charged on lesser-included offenses of resisting arrest and misdemeanor deadly conduct (deadly conduct). We affirm.

BACKGROUND

On November 29, 2000, appellant and two other males were in a pickup truck driving around Electra, Texas. Electra policeman Cody Shaw attempted a traffic stop of the pickup because it had only one functioning headlight. The pickup did not stop for the officer, but rather, fled. *fn1 After a high-speed chase involving multiple law enforcement officers and vehicles with their flashing lights and sirens activated, the pickup containing appellant and his companions eventually came to a stop in a field in Wilbarger County. Appellant and his companions fled on foot to some hay bales in the field, where they were surrounded by officers. Appellant and one of his companions climbed onto a round bale of hay where appellant brandished a handgun. A standoff between the officers, appellant and his companions ensued. Greg Tyra, an investigator for the Wilbarger County District Attorney’s office approached appellant on the hay bale, identified himself as a representative of the district attorney’s staff, and tried to coax appellant into surrendering. Appellant had been putting his handgun in and out of his pocket, waving it in the direction of the officers, and stating that he was not going back to jail. Three of the officers, including Tyra, testified that as Tyra talked to appellant, appellant told Tyra that “I’ll blow your fucking head off.” Appellant did not testify or offer any affirmative evidence that he did not make the statements testified to by the officers, although he attempted to impeach their testimony by use of the officers’ incident reports.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
Attorney - Insurance Defense

Downtown property and casualty defense law firm seeks litigation associate with 2+ years' experience in insurance defense litigation. The fi...


Apply Now ›
Labor & Employment Counsel - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Counsel in our renowned Labor & Employment Department, working w...


Apply Now ›
(NEW) ASSISTANT GENERAL COUNSEL WANTED FOR PRIVATELY HELD HEALTHCARE COMPANY (Oak Brook, IL)

Our client, a large, privately-owned healthcare company, has engaged us to find an Assistant General Counsel for their headquarters located ...


Apply Now ›
Go to Lawjobs