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Click here for the full text of this decision FACTS:In a bizarre series of events, Jerry Don Allen came into a medical clinic, asked for a glass of water, took a lab coat and wandered around for a bit, dropped the coat and then left. Joan Gale, a clinic administrator, worried that Allen might have taken some items in the coat pockets, called the police. Gale approached Allen as he was walking away and asked him to stay. In response, Allen asked Gale if she needed a blessing, informed her that he was the son of David and struck her on the side of her head hard enough to knock her down. Officer Sherry Gillespie arrived at about that time. Gillespie testified she saw Allen walking down the street, flailing his arms and yelling. She asked Allen to stop. He eventually did, and on second request, got on the ground. When Gillespie attempted to handcuff Allen, he kissed her hand and then began to struggle against her. He got loose, and as he did, there was evidence he kicked Gillespie in the forehead. Gillespie then sprayed Allen with pepper spray, and shortly thereafter took him into custody. Larue Pavia, a pharmacist at the Linden Pharmacy, testified that she saw the altercation and saw Allen walking down the street declaring that he was Jesus Christ and the son of David. The evidence showed that Allen had a history of schizophrenia dating back to 1984 and had been medicated and for some time been provided services by the state for that disease. At the time of this incident, the state was no longer providing services to him. His primary health-care provider at the time of the incident was at the Linden clinic, and he was attempting to see that provider when the incident occurred. Police arrested Allen, and authorities charged him with two counts of assault on a public servant. A jury rejected Allen’s insanity defense and found him guilty of the two counts. The jury assessed punishment at three years’ confinement on each count, and the court sentenced Allen accordingly, the sentences to run concurrently. HOLDING:Affirmed. Texas Penal Code �8.01 states that: “It is an affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his or her conduct was wrong.” Allen first contended that the judgment against him should be reversed, because the jury’s failure to find in his favor on the affirmative defense of insanity was against the great weight of the evidence. All of the witnesses, the court stated, testified to events or conclusions showing that Allen suffered from a severe mental disease or defect. The question before the jury, the court stated, was whether Allen’s mental disease or defect prevented him from knowing his actions were wrong. At trial, the state called a psychiatrist who had evaluated Allen, who reported that despite Allen’s psychosis, “his knowledge of wrongfulness regarding his actions at the time of the offenses did not seem to be impaired.” The court cited this testimony as evidence which, if believed by the jury, supported its failure to acquit based on the affirmative defense of insanity. In addition, Allen claimed that the court erred in disallowing him from finishing his testimony on his own behalf during the punishment phase of trial. The court noted, however, the trial court made multiple attempts to ensure that Allen acted in a nondisruptive fashion and in accordance with the procedural and evidentiary requirements of the forum. Allen ultimately proved that he would not do so, and after fair warning and after holding him in contempt, the court ended his testimony. The court found that the trial court did not abuse its discretion in cutting Allen’s testimony short. OPINION:Carter, J.; Morriss, C.J., and Carter and Moseley, JJ.

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