Vincent Ray Settles v. State, 05-14-00382-CR

On July 8, 2013, Vincent Ray Settles was arrested at an apartment complex after witnesses reported an armed, erratic man; police found shell casings, a magazine, wall damage, and a .40 cal Smith & Wesson recovered near a trashed apartment.
Lorenza Padilla (Spanish-only speaker) testified an intoxicated black male broke into her second-floor apartment, she saw a gun when he fell into the doorway, he chased her downstairs, put his arm around her neck, and placed a gun to her head.
Multiple 911 calls and eyewitnesses (including the leasing agent and neighbors) described a man in a white T‑shirt and blue jeans with a firearm; officers identified and detained Settles after a foot chase and struggle.
At trial Settles was convicted of unlawful possession of a firearm by a felon (10 years) and aggravated assault with a deadly weapon (40 years, after he pleaded true to enhancement paragraphs).
On appeal Settles raised two issues: (1) trial court refused his requested jury instruction on a lesser-included offense (simple assault) in the aggravated-assault-by-threat case; (2) the court erred in admitting an out-of-state (Arkansas) judgment and related records to prove a prior felony for the unlawful-possession charge.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Settles)	Held
Whether the trial court erred by refusing a jury instruction on simple assault (lesser-included) in the aggravated-assault-by-threat case	No error; evidence showed use/exhibition of a firearm during the assault so only aggravated assault applied	Requested lesser instruction because Padilla gave inconsistent statements and the jury could reasonably doubt firearm use at the critical time	Denied: simple assault by bodily injury is not the correct lesser-included for an aggravated-assault-by-threat charge; no affirmative evidence to support conviction of only simple assault, so no instruction required
Whether the trial court abused discretion admitting Arkansas judgment/records to prove prior felony for unlawful-possession-of-firearm charge	Admission proper; combined records (judgment, penitentiary packet, fingerprint card, deputy testimony) proved existence of conviction and linked Settles to it	Judgment allegedly failed to meet Texas art. 42.01 formalities (jury waiver, dates, plea terms, thumbprint); therefore inadmissible to prove prior conviction	Denied: trial court acted within discretion—records plus fingerprint comparison adequately established the prior Arkansas felony and identity; article 42.01 formal defects render a judgment voidable but do not preclude its use to prove a prior conviction

Ngo v. State, 175 S.W.3d 738 (Tex. Crim. App. 2005) (standard for assessing jury-charge error and harm)
Rousseau v. State, 855 S.W.2d 666 (Tex. Crim. App. 1993) (two-step test for lesser-included-offense instruction)
Guzman v. State, 188 S.W.3d 185 (Tex. Crim. App. 2006) (requirement that evidence permit rational jury to convict of lesser but acquit of greater)
Cavazos v. State, 382 S.W.3d 377 (Tex. Crim. App. 2012) (mere speculation insufficient; need affirmative evidence directly germane to lesser offense)
Flowers v. State, 220 S.W.3d 919 (Tex. Crim. App. 2007) (proof of prior conviction requires showing conviction exists and linking defendant to it)
Davis v. State, 329 S.W.3d 798 (Tex. Crim. App. 2010) (abuse-of-discretion standard for admissibility rulings)