Richard Leonar Whytus v. State

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-08-00172-CR
______________________________
RICHARD LEONAR WHYTUS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 196th Judicial District Court
Hunt County, Texas
Trial Court No. 24,840
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION
Richard Leonar Whytus appeals from his conviction by a jury on seven charges of aggravated
assault with a deadly weapon.1 See TEX . PENAL CODE ANN . § 22.02(A )(2) (Vernon Supp. 2008).
The evidence shows that, while quite intoxicated, he drove his car into a daycare full of napping
children. Two workers and several of the children were injured.
Whytus has filed a single brief, in which he raises a single issue which is common to all of
his appeals. He argues that the trial court committed reversible error by refusing to submit his
requested charge on the lesser-included offense of assault causing bodily injury.
We addressed this issue in detail in our opinion of this date on Whytus' appeal in cause
number 06-08-00167-CR. For the reasons stated therein, we likewise conclude that error has not
been shown in this case.
We affirm the judgment.
Josh R. Morriss, III
Chief Justice
Date Submitted: February 26, 2009
Date Decided: February 27, 2009
Do Not Publish
1
Whytus appeals from seven convictions, all for aggravated assault with a deadly weapon,
cause numbers 06-08-00167-CR through 06-08-00173-CR.
2