Opinion
No. 10-05-00169-CR
Opinion delivered and filed April 12, 2006. DO NOT PUBLISH.
Appeal fromthe 396th District Court, Tarrant County, Texas, Trial Court No. 0907018D. Affirmed.
Before Cheif Justice GRAY, Justice VANCE, and, Justice REYNA (Justice VANCE concurring without opinion)
MEMORANDUM Opinion
Kitchen appeals his conviction for aggravated assault with a deadly weapon. See TEX. PENAL CODE ANN. § 22.02(a)(2) (Vernon 2003). We affirm. In Kitchen's one issue, he contends that the trial court erred in denying Kitchen's requested self-defense instruction. In general, "a person is justified in using force against another when and to the degree he reasonably believes the force is immediately necessary to protect himself against the other's use or attempted use of unlawful force." Tex. Penal Code Ann. § 9.31(a) (Vernon 2003). In general, a "defendant is entitled to an affirmative defensive instruction on every issue raised by the evidence. . . ." Young v. State, 991 S.W.2d 835, 840 (Tex.Crim.App. 1999). However, "[t]o rely on `self-defense,' the defendant must first admit," or "substantially admit," "committing the conduct which forms the basis of the indictment; the defense is inconsistent with a denial of the conduct." East v. State, 76 S.W.3d 736, 738 (Tex.App.-Waco 2002, no pet.); see Ex parte Nailor, 149 S.W.3d 125, 133-34 (Tex.Crim.App. 2004) (distinguishing self-defense from accident). Kitchen testified that he reached to pick up a knife in order to keep the victim from getting it, but categorically denied using the knife against her. Accordingly, Kitchen was not entitled to the self-defense instruction. We overrule Kitchen's issue. Having overruled Kitchen's sole issue, we affirm.