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Wilson v. State6/20/2003
expected a weapon to be pulled and preemptively pulled his weapon. This evidence, however, does not show Wilson's state of mind as to his reasonable belief that his actions were necessary to avoid imminent harm. See Darty,994 S.W.2d at 219. Wilson in fact states that there was a possibility he never fired a weapon. Because Wilson did not otherwise admit to the offense at trial and there is no evidence that gives rise to the defensive issue of necessity, he cannot claim justification for having committed the offense on the theory that Hancock pulled his gun first. Therefore, we hold that Wilson was not entitled to an instruction of necessity. We overrule Wilson's fifth issue.
Conclusion
The trial court's judgment is affirmed.
Alma L. Lopez, Chief Justice
Do Not Publish
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