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Judge Boyd allows deadly-force instruction, denies non‑deadly self‑defense instruction in Rendon aggravated‑assault case
Summary
At a Bexar County charge conference, Judge Stephanie Boyd allowed a jury instruction on deadly force (Sec. 9.32) but denied a non‑deadly‑force self‑defense instruction (Sec. 9.31) in the aggravated‑assault prosecution of Mariano Rendon; the court also included a statutory presumption tied to robbery and allowed a defense of third person charge.
Judge Stephanie Boyd, presiding judge of the 187th District Court, ruled during a charge conference that the jury will be given an instruction on deadly force but not on non‑deadly force in the aggravated‑assault case against Mariano Rendon.
"So defense, your instruction under 9.31 will be denied. The instruction given under 9.32 will be allowed," Judge Boyd told attorneys during a pretrial conference, adding that the charge writer should include the full robbery definition and the statutory presumption tied to robbery in the jury charge.
The ruling resolves a central legal dispute between the parties about whether the force Rendon used — a knee strike amid a multi‑person melee at a downtown club — should be treated as "deadly force" for purposes of jury instructions. Defense counsel Laird Lundquist had asked the court to submit both Texas Penal…
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