Richard Leonar Whytus appeals from his conviction by a jury on seven charges of aggravated assault with a deadly weapon. ⁽¹⁾ See Tex. Penal Code Ann. § 22.02(a)(2) (Vernon Supp. 2008). The evidence shows that while quite intoxicated, he drove his car into a daycare full of napping children. Two workers and several of the children were injured.

Whytus has filed a single brief, in which he raises a single issue which is common to all of his appeals. He argues that the trial court committed reversible error by refusing to submit his requested charge on the lesser-included offense of assault causing bodily injury.

We addressed this issue in detail in our opinion of this date on Whytus's appeal in cause number 06-08-00167-CR. For the reasons stated therein, we likewise conclude that error has not been shown in this case.

We affirm the judgment.

Bailey C. Moseley

Justice

Date Submitted: February 26, 2009

Date Decided: February 27, 2009

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1. Whytus appeals from seven convictions, all for aggravated assault with a deadly weapon, cause numbers 06-08-00167-CR through 06-08-00173-CR.

f">          We affirm the judgment of the trial court.

                                                                           Josh R. Morriss                                                                                                        Chief Justice

Date Submitted:      October 20, 2003

Date Decided:         October 31, 2003

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