Judge allows state to tell jury assault is a lesser included misdemeanor but bars discussion of punishment range in Aguilar trial

Judge Stephanie Boyd of the 187th District Court ruled that prosecutors may tell jurors the assault counts against Edgar Hernandez Aguilar are lesser included offenses and that the lesser offenses are misdemeanors, but barred the state from discussing punishment ranges during the guilt-innocence phase of the trial.

The ruling resolved a defense request that prosecutors be prohibited from referencing punishment or the severity classification of the lesser included offenses while jurors consider guilt. Boyd said her understanding of the law is that the jury’s role during the guilt phase is limited to determining guilt or innocence and not punishment, and she invited parties to point to case law if they disagreed with her reading.

The dispute arose during final pretrial argument and again in closing argument. Defense…