P.

FACTS

On September 5, 2011, 85-year-old Thomas Benton was living with Jackson’s uncle, Ronnie. In the early afternoon, Jackson went to Ronnie’s house to collect money he believed Ronnie owed him. Ronnie’s house has an enclosed front porch with a wrought iron security door. Jackson knocked on the security door. Benton went out onto the porch and Jackson, ranting and raving, yelled for Benton to let him in. Jackson asked if Ronnie was there and Benton told him that he was not. Jackson did not believe him so

All statutory references are to the Penal Code unless otherwise specified.

2 Benton opened the security gate to let him in. Jackson also claimed that Benton owed him money. Suddenly, Jackson pulled a bat from behind his back and hit Benton with it in the left arm, causing blood to shoot out. Benton backed up and looked around the porch. When Jackson noticed he was looking around, he said, “You find something and pick it up, I’ll kill you.” Then Jackson said to Benton, “If you call the police, I’ll be back to get you.” Jackson then left, and walked down the street with the bat. Benton went inside the house to call the police and stop the bleeding. Officer Robert Lincoln…