Helleson v. State, 5 S.W.3d 393 (Tex. App. 1999). · Go Syfert
Helleson v. State, 5 S.W.3d 393 (Tex. App. 1999). Cases Citing This Book View Copy Cite
“to support a conviction for the offense of retaliation, the evidence must establish the retributory element found in section 36.06(a)(1) . . . .”
105 citation events (104 in the last 25 years) across 2 distinct courts.
Strongest positive: John Walter Raybon v. State (texapp, 2013-08-15)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) John Walter Raybon v. State (2×) also: Cited as authority (rule)
Tex. App. · 2013 · signal: see also · quote attribution · 1 verbatim quote · confidence high
to support a conviction for the offense of retaliation, the evidence must establish the retributory element found in section 36.06(a)(1) . . . .
discussed Cited as authority (rule) Ryan Suzak v. the State of Texas
Tex. App. · 2025 · confidence medium
App. 2004) (noting that “[c]ircumstantial evidence alone is sufficient to establish guilt”); Raybon, 2013 WL 4129126 , at *3 (“A defendant’s intent to retaliate may be inferred from circumstantial evidence, such as the defendant’s acts, words, or conduct.” (first citing Lozano v. State, 359 S.W.3d 790, 814 (Tex. App.—Fort Worth 2012, pet. ref’d; and then citing Helleson v. State, 5 S.W.3d 393, 395 (Tex. App.—Fort Worth 1999 pet. ref’d))).
discussed Cited as authority (rule) Michael Lawrence Pousson v. the State of Texas
Tex. App. · 2025 · confidence medium
App. 1992) (“Where the same evidence or argument is presented elsewhere during trial without objection, no reversible error exists.”); Helleson v. State, 5 S.W.3d 393, 398 (Tex. App.—Fort Worth 1999, pet. ref’d) (same); Trejo v. State, 594 S.W.3d 790 , 803-04 (Tex. App.— 7 Houston [14th Dist.] 2019, no pet.) (same); Tex. R.
discussed Cited as authority (rule) Daryl Edward Barnes v. State
Tex. App. · 2020 · confidence medium
See, e.g., Wiggins v. State, 255 S.W.3d 766, 770 (Tex. App.—Texarkana 2008, no pet.) (“The offense of retaliation does not necessitate the threatened harm be imminent.”); In re D.D., 101 S.W.3d 695, 697 (Tex. App.—Austin 2003, no pet.) (“Fear of imminent bodily injury is not an element of retaliation.”); Helleson v. State, 5 S.W.3d 393, 396 (Tex. App.—Fort Worth 1999, pet. ref’d) (same).
cited Cited as authority (rule) Jacobi Ivan Dixon-Holman v. State
Tex. App. · 2019 · confidence medium
One quarter of 25 years.” 5 S.W.3d 393, 397 (Tex. App.—Fort Worth 1999, pet. ref’d).
discussed Cited as authority (rule) Bilawal Shahzada v. State (2×) also: Cited "see, e.g."
Tex. App. · 2018 · confidence medium
Helleson v. State, 5 S.W.3d 393, 395 (Tex. App.—Fort Worth 1999, pet ref’d).
discussed Cited as authority (rule) Hector Jimenez v. State
Tex. App. · 2018 · signal: cf. · confidence medium
App. P. 38.9. 4 18, 2017, pet. ref’d) (mem. op., not designated for publication); Brock v. State, 495 S.W.3d 1 , 16–18 (Tex. App.—Waco 2016, pet. ref’d); Wiggins v. State, 255 S.W.3d 766, 773 (Tex. App.—Texarkana 2008, no pet.); Hughes v. State, No. 01-01-00698-CR, 2002 WL 2025434 , at *1–2 (Tex. App.—Houston [1st Dist.] Aug. 30, 2002, pet. ref’d) (not designated for publication); cf. Helleson v. State, 5 S.W.3d 393, 395 (Tex. App.—Fort Worth 1999, pet. ref’d) (finding evidence of defendant’s post-arrest, violent threats to police officer factually sufficient to support r…
discussed Cited as authority (rule) Brian Taylor v. State
Tex. App. · 2015 · signal: cf. · confidence medium
Cf. Helleson v. State, 5 S.W.3d 393, 398 (Tex.App.—Fort Worth 1999, pet. ref'd) (considering whether there was error when during its closing State told jury to consider parole law and instructed jury to “do the math” for parole in that case).
discussed Cited as authority (rule) Brown, James A. v. State
Tex. · 2015 · confidence medium
Instead, “the evidence must establish the retributory element found in section 36.06(a)(1), i.e., that the unlawful act was committed in retaliation for or on account of another person’s service as a public servant.” Helleson v. State, 5 S.W.3d 393, 395 (Tex. App.—Fort Worth 1999, pet. ref’d).
discussed Cited as authority (rule) James Arthur Brown v. State
Tex. App. · 2015 · confidence medium
Instead, “the evidence must establish the retributory element found in section 36.06(a)(1), i.e., that the unlawful act was committed in retaliation for or on account of another person’s service as a public servant.” Helleson v. State, 5 S.W.3d 393, 395 (Tex. App.—Fort Worth 1999, pet. ref’d).
discussed Cited as authority (rule) Jay Steven Miller v. State
Tex. App. · 2015 · confidence medium
Even if we were to hold that he preserved error regarding the 2 Johnson v. State, No. 02-06-00348-CR, 2007 WL 1952367 , at *1 (Tex. App.—Fort Worth July 5, 2007, no pet.) (mem. op., not designated for publication) (“Because [Johnson] failed to obtain an adverse ruling on all objections to the prosecutor calling him mad and all objections to the prosecutor contending that [Johnson] wanted to get even with the complainant, [Johnson] has failed to preserve these points for appeal.”); Helleson v. State, 5 S.W.3d 393, 398 (Tex. App.—Fort Worth 1999, pet. ref’d); see, e.g., Fuentes v. Stat…
cited Cited as authority (rule) Timothy Wayne Dodds v. State
Tex. App. · 2014 · confidence medium
See Cariere v. Sfafe, 84 S.W.3d 753,757 (Tex. App.-Houston [1st Dist.] 2002, pet. ref'd); Helleson v. Sfafe, 5 S.W.3d 393, 395 (Tex. App.-Fort Worth 1999, pet. ref'd).
discussed Cited as authority (rule) Michael Marvin Russie v. State
Tex. App. · 2014 · confidence medium
See Davis v. State, 890 S.W.2d 489, 492 (Tex. App.— Eastland 1994, no pet.) (“Terroristic threat is not a lesser included offense of retaliation.”); see also Wiggins v. State, 255 S.W.3d 766, 770 (Tex. App.— Texarkana 2008, no pet.) (same); Helleson v. State, 5 S.W.3d 393, 396 (Tex. App.—Fort Worth 1999, pet. ref’d) (same).
discussed Cited as authority (rule) Desmond Lee Howard v. State
Tex. App. · 2013 · confidence medium
App. 1982)); Helleson v. State, 5 S.W.3d 393, 396 (Tex. App.—Fort Worth 1999, no pet.); see also Franklin v. State, No. 05-09-01447-CR, 2011 WL 783626 , at *2 (Tex. App.—Dallas March 8, 2011, no pet.) (mem. op., not designated for publication) (“Appellant’s retaliatory motivation may be shown through circumstantial evidence.”). 3 C.
discussed Cited as authority (rule) Stanley Creeks v. State
Tex. App. · 2012 · confidence medium
See Wiggins v. State, 255 S.W.3d 766, 773 (Tex. App.—Texarkana 2008, no pet.) (defendant threatened officer after arrest during transportation to sheriff’s department; the threats “would not have happened if not for the officer’s acts done while acting as a public servant”); Helleson v. State, 5 S.W.3d 393, 395 (Tex. App.—Fort Worth 1999, pet. ref’d) (defendant threatened officer after arrest while sitting in patrol car; “[i]t was only after [the officer] exercised his authority as a peace officer that [the defendant] made repeated death threats”); Martinez v. State, No. 04-0…
discussed Cited as authority (rule) Cada v. State
Tex. App. · 2010 · confidence medium
However, this issue has previously been decided adverse to appellant in Helle- *789 son v. State, 5 S.W.3d 393, 396 (Tex.App.-Fort Worth 1999, pet. ref'd) (determining that retaliation does not require that the threat to harm in retaliation for the victim’s public service be imminent and this element of assault by threat is not included within the necessary proof to establish retaliation).
discussed Cited as authority (rule) Frankie Lee Cada v. State
Tex. App. · 2010 · confidence medium
However, this issue has previously been decided adverse to appellant in Helleson v. State, 5 S.W.3d 393, 396 (Tex.App. -- Fort Worth 1999, pet. ref'd) (determining that retaliation does not require that the threat to harm in retaliation for the victim's public service be imminent and this element of assault by threat is not included within the necessary proof to establish retaliation).
discussed Cited as authority (rule) Frankie Lee Cada v. State
Tex. App. · 2010 · confidence medium
However, this issue has previously been decided adverse to appellant in Helleson v. State, 5 S.W.3d 393, 396 (Tex.App.—Fort Worth 1999, pet. ref’d) (determining that retaliation does not require that the threat to harm in retaliation for the victim’s public service be imminent and this element of assault by threat is not included within the necessary proof to establish retaliation).
discussed Cited as authority (rule) Frankie Lee Cada v. State
Tex. App. · 2010 · confidence medium
However, this issue has previously been decided adverse to appellant in Helleson v. State , 5 S.W.3d 393, 396 ( Tex.App .—Fort Worth 1999, pet. ref’d ) (determining that retaliation does not require that the threat to harm in retaliation for the victim’s public service be imminent and this element of assault by threat is not included within the necessary proof to establish retaliation).
cited Cited as authority (rule) Richard Brian Devereaux v. State
Tex. App. · 2009 · confidence medium
Helleson v. State , 5 S.W.3d 393, 396 (Tex. App.—Fort Worth 1999, pet. ref’d); Giles v. State , No. 14-98-00966-CR, 2000 WL 1289332 , at *2 (Tex. App.—Houston [14th Dist.] Sept. 14, 2000, no pet.).
cited Cited as authority (rule) Richard Brian Devereaux v. State
Tex. App. · 2009 · confidence medium
Helleson v. State, 5 S.W.3d 393, 396 (Tex. App.—Fort Worth 1999, pet. ref’d); Giles v. State, No. 14-98-00966-CR, 2000 WL 1289332 , at *2 (Tex. App.—Houston [14th Dist.] Sept. 14, 2000, no pet.).
discussed Cited as authority (rule) Renee Louise Halay v. State (2×) also: Cited "see, e.g."
Tex. App. · 2008 · confidence medium
Helleson v. State , 5 S.W.3d 393, 396 (Tex. App.--Fort Worth 1999, no pet.).
discussed Cited as authority (rule) Lamb County Electric Cooperative, Inc. v. Public Utility Commission of Texas (2×) also: Cited "see, e.g."
Tex. App. · 2008 · confidence medium
Helleson v. State, 5 S.W.3d 393, 396 (Tex. App.—Fort Worth 1999, no pet.).
discussed Cited as authority (rule) Fredrick Earl Hudson v. State
Tex. App. · 2008 · confidence medium
We overrule point of error two. 10 … See Helleson v. State, 5 S.W.3d 393, 393 (Tex. App.—Fort Worth 1999, pet. ref’d) (holding that terroristic threat is not a lesser included offense of retaliation because retaliation requires no threat of imminent bodily injury). 11 … See Ramirez v. State, 527 S.W.2d 542, 544 (Tex. Crim.
cited Cited as authority (rule) Wiggins v. State
Tex. App. · 2008 · confidence medium
Moore, 143 S.W.3d at 316 ; Helleson, 5 S.W.3d at 396; 3 see Tex.Code CRiM.
discussed Cited as authority (rule) John Samuel Nix v. State (2×) also: Cited "see"
Tex. App. · 2005 · confidence medium
App. [Panel Op.] 1982) (no error in explaining parole law as found in court's charge); Helleson v. State , 5 S.W.3d 393, 397 (Tex. App.—Fort Worth 1999, pet. ref'd).
discussed Cited as authority (rule) Daryl Washington v. State
Tex. App. · 2004 · confidence medium
However, this issue has previously been decided adverse to appellant in Helleson v. State , 5 S.W.3d 393, 396 ( Tex.App .—Fort Worth 1999, pet. ref’d ) (determining that retaliation does not require that the threat to harm in retaliation for the victim’s public service be imminent and this element of assault by threat is not included within the necessary proof to establish retaliation).
discussed Cited as authority (rule) Moore v. State (2×)
Tex. App. · 2004 · confidence medium
Helleson v. State, 5 S.W.3d 393, 396 (Tex.App.-Fort Worth 1999, pet. ref d).
discussed Cited as authority (rule) Johnny Maxwell Black v. State
Tex. App. · 2003 · confidence medium
The argument made by the State properly summarizes what the court’s charge states—Black is eligible for parole after “the actual time served plus any good conduct time earned equals one-fourth of the sentence imposed or fifteen years whichever is less.” See Helleson v. State , 5 S.W.3d 393, 397 (Tex. App.—Fort Worth 1999, pet. ref’d) (holding argument that “a person is eligible for parole when their actual time is one quarter of their sentence” was proper because it accurately summarized the court's charge on parole).
discussed Cited as authority (rule) Johnny Maxwell Black v. State
Tex. App. · 2003 · confidence medium
The argument made by the State properly summarizes what the court’s charge states—Black is eligible for parole after “the actual time served plus any good conduct time earned equals one-fourth of the sentence imposed or fifteen years whichever is less.” See Helleson v. State , 5 S.W.3d 393, 397 (Tex. App.—Fort Worth 1999, pet. ref’d) (holding argument that “a person is eligible for parole when their actual time is one quarter of their sentence” was proper because it accurately summarized the court's charge on parole).
cited Cited as authority (rule) Joey Leonard Barker v. State
Tex. App. · 2003 · confidence medium
Helleson v. State, 5 S.W.3d 393, 396 (Tex. App.—Fort Worth 1999, pet. ref’d) (citing Harris v. State, 784 S.W.2d 5 , 12 n.4 (Tex. Crim.
cited Cited as authority (rule) Joey Leonard Barker v. State
Tex. App. · 2003 · confidence medium
Helleson v. State, 5 S.W.3d 393, 396 (Tex. App.--Fort Worth 1999, pet. ref'd) (citing Harris v. State, 784 S.W.2d 5 , 12 n.4 (Tex. Crim.
discussed Cited as authority (rule) Mangoe Eddie v. State
Tex. App. · 2003 · confidence medium
Helleson v. State , 5 S.W.3d 393, 396 (Tex. App.-Fort Worth 1999, pet. ref'd); see also Coward v. State , 931 S.W.2d 386, 389 (Tex. App.-Houston [1st Dist.] 1996, no pet.); Davis v. State , 890 S.W.2d 489, 492 (Tex. App.-Eastland 1994, no pet.).
discussed Cited as authority (rule) In the Matter of D. D. (2×) also: Cited "see"
Tex. App. · 2003 · confidence medium
Helleson v. State, 5 S.W.3d 393, 396 (Tex.App.-Fort Worth 1999, pet. ref'd); Coward v. State, 931 S.W.2d 386, 389 (Tex.App.-Houston [14th Dist.] 1996, no pet.); Davis v. State, 890 S.W.2d 489, 492 (Tex.App.-Eastland 1994, no pet.). 1 Retaliation was the offense alleged in the petition.
discussed Cited as authority (rule) in the Matter of D. D. (2×) also: Cited "see"
Tex. App. · 2003 · confidence medium
Helleson v. State, 5 S.W.3d 393, 396 (Tex. App.CFort Worth 1999, pet. ref=d); Coward v. State, 931 S.W.2d 386, 389 (Tex. App.CHouston [14th Dist.] 1996, no pet.); Davis v. State, 890 S.W.2d 489, 492 (Tex. App.CEastland 1994, no pet.).1 1 The State in its brief agrees that terroristic threat is not a lesser-included offense of retaliation.
discussed Cited as authority (rule) in the Matter of D. D. (2×) also: Cited "see"
Tex. App. · 2003 · confidence medium
Helleson v. State , 5 S.W.3d 393, 396 (Tex. App.--Fort Worth 1999, pet. ref'd); Coward v. State , 931 S.W.2d 386, 389 (Tex. App.--Houston [14th Dist.] 1996, no pet.); Davis v. State , 890 S.W.2d 489, 492 (Tex. App.--Eastland 1994, no pet.). (1) Retaliation was the offense alleged in the petition.
cited Cited as authority (rule) Larry Cameron Spears v. State
Tex. App. · 2002 · confidence medium
Helleson v. State, 5 S.W.3d 393, 395 (Tex. App.-Fort Worth 1999, pet. ref'd).
discussed Cited as authority (rule) In the Matter of B.P.H.
Tex. App. · 2002 · confidence medium
See Rudolph v. State, 70 S.W.3d 177, 178 (Tex.App.-San Antonio 2001, no pet.) (holding appellant’s threatening phone calls to auto accident witness was retaliation); Helleson v. State, 5 S.W.3d 393, 394 (Tex.App.-Fort Worth 1999, pet. refd) (holding appellant’s threat to shoot police officer or cut his heart out was retaliation); Webb v. State, 991 S.W.2d 408, 417 (Tex.App.-Houston [14th Dist.] 1999, pet. refd) (holding appellant’s threat to woman who intended to report him to child protective services was retaliation).
discussed Cited as authority (rule) In Re BPH
Tex. App. · 2002 · confidence medium
See Rudolph v. State, 70 S.W.3d 177, 178 (Tex.App.-San Antonio 2001, no pet.) (holding appellant's threatening phone calls to auto accident witness was retaliation); Helleson v. State, 5 S.W.3d 393, 394 (Tex.App.-Fort Worth 1999, pet. ref'd) (holding appellant's threat to shoot police officer or cut his heart out was retaliation); Webb v. State, 991 S.W.2d 408, 417 (Tex.App.-Houston [14th Dist.] 1999, pet. ref'd) (holding appellant's threat to woman who intended to report him to child protective services was retaliation).
discussed Cited as authority (rule) Mario Marcos Dominguez v. State of Texas
Tex. App. · 2002 · confidence medium
A defendant's failure to object to a jury argument A forfeits his right to complain about the argument on appeal. @ Cockrell v. State, 933 S.W.2d 73, 89 (Tex.Cr.App.1996), cert. den = d , 520 U.S. 1173 (1997); see Valencia v. State, 946 S.W.2d 81, 82-83 (Tex.Cr.App.1997); Helleson v. State, 5 S.W.3d 393, 398 (Tex.App. - Fort Worth 1999, pet = n ref = d).
cited Cited as authority (rule) Robert Hastings v. State
Tex. App. · 2002 · confidence medium
See id. ; Helleson v. State , 5 S.W.3d 393, 395 (Tex. App.--Fort Worth 1999, pet. denied).
cited Cited as authority (rule) Robert Hastings v. State
Tex. App. · 2002 · confidence medium
See id.; Helleson v. State, 5 S.W.3d 393, 395 (Tex. App.—Fort Worth 1999, pet. denied).
discussed Cited as authority (rule) Richard Ruiz v. State
Tex. App. · 2001 · confidence medium
App. 1992), cert. denied , 509 U.S. 927 (1993). "[H]arm caused by improper comments on the applicability of parole law is curable if the court provides an instruction to disregard." Helleson v. State , 5 S.W.3d 393, 396 (Tex. App. - Fort Worth 1999, pet. ref'd).
discussed Cited "see" William Collins v. State (2×)
Tex. · 2015 · signal: see · confidence high
Rather, the law requires the State to prove “the unlawful act was committed in retaliation for, or on account of, another person’s service . . .” Riley v. State, 965 S.W.2d 1, 2 (Tex. App.—Houston [1st Dist.], pet. ref’d); see Helleson v. State, 5 S.W.3d 393, 395 (Tex. App.—Fort Worth 1999, pet. ref’d) (establishing “[t]o support a conviction for the offense of retaliation, the evidence must establish the retributory element found in section 36.06(a)(1), i.e., that the unlawful act was committed in retaliation for or on account of another person’s service as a public servant�…
cited Cited "see" Hardin, Kevin Todd
Tex. App. · 2015 · signal: see · confidence high
See Helleson v. State, 5 S.W.3d 393, 398 (Tex.App.-Fort Worth 1999, pet. ref'd).
cited Cited "see" Kevin Todd Hardin v. State
Tex. App. · 2015 · signal: see · confidence high
See Helleson v. State, 5 S.W.3d 393, 398 (Tex.App.—Fort Worth 1999, pet. ref’d).
discussed Cited "see" Dantwon Henderson v. State of Texas
Tex. App. · 2012 · signal: see · confidence high
See Helleson v. State, 5 S.W.3d 393, 398 (Tex. App.—Fort Worth 1999, pet. ref’d) (prosecutor’s argument to jury to “do the math” is an improper invitation to the jury to consider parole law); Harwood, 961 S.W.2d at 543 (State’s argument that the jury should find defendant used deadly weapon because he will serve half the time assessed is an inappropriate invitation to jury to consider parole in assessing punishment).
cited Cited "see" Lonnie Dawyne Wilson v. State
Tex. App. · 2012 · signal: see · confidence high
See Helleson v. State , 5 S.W.3d 393 , 397–98 (Tex. App.—Fort Worth 1999, pet. ref’d ).
cited Cited "see" Edward Swanson v. State
Tex. App. · 2010 · signal: see · confidence high
See Helleson v. State, 5 S.W.3d 393, 397 (Tex.App.-Fort Worth 1999, pet. ref'd) (finding such argument proper).
cited Cited "see" Edward Swanson v. State
Tex. App. · 2010 · signal: see · confidence high
See Helleson v. State , 5 S.W.3d 393, 397 ( Tex.App.‑Fort Worth 1999, pet. ref'd ) (finding such argument proper).
Retrieving the full opinion text from the archive…
Billie Gene HELLESON, Jr., Appellant,
v.
the STATE of Texas, State
2-98-410-CR.
Court of Appeals of Texas.
Dec 9, 1999.
5 S.W.3d 393
Suzanne Hudson, Arlington, for Appellant., Tim Curry, Crim. Dist. Atty., Charles M. Mallín, Asst. Dist. Atty. and Chief of the Appellate Division, and David M. Curl, Jeff Stewart and Michele Audet, Asst. Dist. Attys., Fort Worth, for Appellee.
Cayce, Day, Dauphinot.
Cited by 82 opinions  |  Published

Lead Opinion

OPINION

JOHN CAYCE, Chief Justice.

A jury convicted Billie Gene Helleson, Jr. of the offense of retaliation and assessed punishment at seventy-five years’ incarceration in the Institutional Division of the Texas Department of Criminal Justice. See Tex. Penal Code Ann. § 36.06 (Vernon 1994 & Supp.1999). In three points, Helleson argues that the evidence is factually insufficient to support his conviction, that the trial court erred by refusing to instruct the jury on two lesser included offenses, and that the State made an improper jury argument. We will affirm.

On November 24, 1997, Officer Ron Turner of the Fort Worth Police Department arrested Helleson for aggravated assault. As Officer Turner handcuffed him and placed him in the patrol car, Helleson became extremely agitated and uncooperative. During the ten minute trip to the Tarrant County Jail, Helleson repeatedly threatened Officer Turner by stating that he was going to “blow [his f-] brains out” and “cut [his] heart out.”

In his first point, Helleson argues that the evidence is factually insufficient to support the verdict. Specifically, he attacks the credibility of Officer Turner and[*395] argues that the State never proved that he threatened Officer Turner because he was a police officer.

This court has the authority to review fact questions in criminal cases. See Clewis v. State, 922 S.W.2d 126, 129-80 (Tex.Crim.App.1996). In reviewing the factual sufficiency of the evidence to support a conviction, we are to view “all the evidence without the prism of ‘in the light most favorable to the prosecution.’ ” Id. at 129 (citing Stone v. State, 823 S.W.2d 375, 381 (Tex.App.—Austin 1992, pet. ref'd, untimely filed)). We may only set aside the verdict if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. See id. In performing this review, we are to give “appropriate deference” to the fact finder. Id. at 136. We may not reverse the fact finder’s decision simply because we may disagree with the result. See Cain v. State, 958 S.W.2d 404, 407 (Tex.Crim.App.1997). Instead, we may find the evidence factually insufficient only where necessary to prevent manifest injustice. See id.

A person commits the offense of retaliation if he intentionally or knowingly threatens another by an unlawful act “in retaliation for or on account of the service of another as a ... public servant.” Tex. Penal Code Ann. § 36.06(a)(1) (Vernon Supp.1999). Although police officers are not specifically enumerated within the statutory definition of “public servant,” courts have interpreted the term to include police officers. See Bryson v. State, 807 S.W.2d 742, 745-46 (Tex.Crim.App.1991); McCoy v. State, 932 S.W.2d 720, 723 (Tex.App.—Fort Worth 1996, pet. ref'd); Prevo v. State, 778 S.W.2d 520, 525 (Tex.App.—Corpus Christi 1989, pet. ref'd).

The underlying purpose of section 36.06 is “to encourage a certain class of citizens to perform vital public duties without fear of retribution.” Morrow v. State, 862 S.W.2d 612, 615 (Tex.Crim.App.1993) (citing Doyle v. State, 661 S.W.2d 726, 729 (Tex.Crim.App.1983)). To support a conviction for the offense of retaliation, the evidence must establish the retri-butory element found in section 36.06(a)(1), i.e., that the unlawful act was committed in retaliation for or on account of another person’s service as a public servant. However, the defendant’s retaliatory motivation may be shown by circumstantial evidence. See Coward v. State, 931 S.W.2d 386, 388 (Tex.App.—Houston [14 th Dist.] 1996, no pet.).

In this case, the uncontroverted evidence establishes that Officer Turner initially picked up Helleson as a suspect in an aggravated assault. Helleson willingly accompanied Officer Turner to the complainant’s address, where he was identified as the assailant. Officer Turner then informed Helleson that he was under arrest, handcuffed him, and placed him in the back seat of the patrol car. At this point, Helleson became angry and began to use profane language and threaten violence. It was only after Officer Turner exercised his authority as a peace officer that Helle-son made repeated death threats. Given these circumstances, we believe that the jury’s verdict is not so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Even if we were to accept Helleson’s argument that Officer Turner’s veracity had been “called into question,” we must defer to the fact finder’s assessment of a witness’s credibility in evaluating the factual sufficiency of the evidence. See Santellan v. State, 939 S.W.2d 155, 164 (Tex.Crim.App.1997). We overrule point one.

In his second point, Helleson contends the trial court erred by failing to instruct the jury on the lesser included offenses of terroristic threat and assault by threat.

A defendant is entitled to a charge on a lesser offense if the lesser offense is included in the proof necessary to establish the offense charged and if there is evidence in the record that, if the defendant is guilty, he is guilty only of the lesser offense. See Miniel v. State, 831 S.W.2d[*396] 310, 317 (Tex.Crim.App.), cert. denied, 506 U.S. 885, 113 S.Ct. 245, 121 L.Ed.2d 178 (1992); Royster v. State, 622 S.W.2d 442, 446 (Tex.Crim.App.1981) (op. on reh’g).

As set forth above, the offense of retaliation requires proof of a threat to harm a public servant in retaliation for and on account of the servant’s public service. See Tex. Penal Code Ann. § 36.06. However, both the offenses of assault by threat and terroristic threat require proof that the person making the threat intended to place the victim in fear of imminent bodily injury. See Tex. Penal Code Ann. §§ 22.01(a)(2), 22.07(a)(2) (Vernon 1994).[1]

Because the offense of retaliation does not require that the threat to harm in retaliation for the victim’s public service be imminent, the elements of assault by threat and terroristic threat are not included within the proof necessary to establish the offense of retaliation. Compare Tex. Penal Code Ann. § 36.06 with Tex. Penal Code Ann. §§ 22.01(a)(2), 22.07(a)(2); see also Coward, 931 S.W.2d at 389; Davis v. State, 890 S.W.2d 489, 492 (Tex.App.—Eastland 1994, no pet.). We therefore conclude that assault by threat and terror-istic threat are not lesser included offenses of retaliation and the trial court did not err by denying the requested charges. Point two is overruled.

In his third point, Helleson argues that the trial court erroneously allowed the State to make improper jury arguments during the punishment phase of the trial. He contends the State invited the jury to weigh the effects of parole law in deciding his punishment, causing the jury to award an excessive prison term. See Kearney v. State, 630 S.W.2d 934, 935 (Tex.Crim.App. [Panel Op.] 1982) (jury may not apply parole law to a particular defendant in determining a sentence).

Proper jury argument must fall into one of four general categories: (1) summation of the evidence; (2) reasonable deduction from the evidence; (3) response to argument of opposing counsel; and (4) plea for law enforcement. See Cooks v. State, 844 S.W.2d 697, 727 (Tex.Crim.App.1992), cert. denied, 509 U.S. 927, 113 S.Ct. 3048, 125 L.Ed.2d 732 (1993); Mack v. State, 872 S.W.2d 36, 39 (Tex.App.—Fort Worth 1994, no pet.). If argument is improper, however, the harm caused by the argument can almost always be cured. See Faulkner v. State, 940 S.W.2d 308, 312 (Tex.App.—Fort Worth 1997, pet. ref'd) (en banc op. on reh’g). Moreover, harm caused by improper comments on the applicability of parole' law is curable if the court provides an instruction to disregard. See Harwood v. State, 961 S.W.2d 531, 543-44 (Tex.App.—San Antonio 1997, no pet.). Reversal is warranted only when, “in light of the record as a whole [the argument] was extreme or manifestly improper, violative of a mandatory statute, or injected new facts harmful to the accused into the trial proceedings.” Borjan v. State, 787 S.W.2d 53, 57 (Tex.Crim.App.1990) (citations omitted).

To preserve a complaint about improper jury argument, the defendant must: (1) object; (2) request an instruction to disregard; and (3) move for mistrial. See Harris v. State, 784 S.W.2d 5, 12 n. 4 (Tex.Crim.App.1989), cert. denied, 494 U.S. 1090, 110 S.Ct. 1837, 108 L.Ed.2d 966 (1990). Moreover, the defendant must object each time the impermissible argument is made, or else the complaint is waived. See Ethington v. State, 819 S.W.2d 854, 858 (Tex.Crim.App.1991). Even if the argument is egregious and an instruction to[*397] disregard would not cure the harm caused by the improper argument, it is waived if the defendant did not object. See Valencia v. State, 946 S.W.2d 81, 82-88 (Tex. Crim.App.1997) (op. on reh’g).

In this case, Helleson points to three instances where the prosecutor refers to parole law during the State’s final argument. We will discuss each separately. The first reference to parole law comes after the prosecutor describes Helleson’s three prior felony convictions and asks the jury to send a message to repeat offenders by returning a harsh sentence:

[STATE:] And the question I want to ask you today: Is it worth the risk for the most important of your affairs, your family, to risk that he is going to get back out on the streets?
You can’t consider parole law as applied to this individual, but the Court’s Charge does say this: That a person is eligible for parole when their actual time is one quarter of their sentence.
[HELLESON’S COUNSEL:] Your Honor, if I may object at this point. The Court has instructed the jury not to consider parole law in any way with regard to this case, and the prosecutor is attempting to do that.
THE COURT: All right. At this point, prosecutor has quoted the Charge. Anything beyond this I’ll consider your objection and legal remedies based on what happens to this point forward. You’re overruled to that statement only - as a quote from the Charge.
I will admonish the jurors, Court has set out the law about parole and what is not proper to consider, and I expect you to follow it.

Having reviewed the court’s instructions to the jury during the punishment phase of the trial, we believe the prosecutor’s eomment concerning parole law accurately summarizes the court’s charge on parole.[2] Thus, we find that these remarks are proper argument. See Whiting v. State, 797 S.W.2d 45, 48 (Tex.Crim.App.1990) (it is acceptable to paraphrase the court’s charge to the jury); Jones v. State, 641 S.W.2d 545, 550 (Tex.Crim.App. [Panel Op.] 1982) (no error in explaining parole law as found in court’s charge).

Shortly after the prosecutor continued with his closing argument, he made a second statement concerning parole:

[STATE:] Like I said before, and I prelude my statement with, don’t consider how parole law will be applied to this Defendant. That’s what this Charge says. But you can consider the existence of the parole law. That’s also in the Court’s Charge. And it says one-quarter. You can do the math. One quarter of 25 years.
[HELLESON’S COUNSEL:] Your Honor, again, I’m going to object. He’s applying specifically to this case, asking them to do the math.
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THE COURT: The objection is sustained.
[HELLESON’S COUNSEL:] Your Honor, I ask the jury be instructed to disregard this prosecutor’s comments.
THE COURT: The jury will disregard the comment of you can do the math and the one quarter. The Court specifically said you can be aware of the law, but you are not to do the math, you are not to consider the parole law for any purpose in assessing a fair sentence.
Does everyone remember that instruction?
THE JURY: Yes.
THE COURT: Can everyone follow that instruction?
THE JURY: Yes.

[*398] Helleson’s attorney then moved for a mistrial, which the trial court denied.

In its brief, the State concedes that the prosecutor’s suggestion that the jury “do the math” was improper. We agree.[3] However, given the trial court’s strong admonishment that the jury not consider parole law in assessing Helleson’s punishment, we believe that the harm caused by the prosecutor’s improper remark was cured and, therefore, the trial court did not err in refusing to grant a mistrial. See Harwood, 961 S.W.2d at 544.

The final reference to parole law comes at the conclusion of the State’s argument where the prosecutor states, without objection:

[STATE:] You may consider the existence of the parole law and good conduct time; however, you are not to consider the extent to which good conduct time may be awarded to or forfeited by this particular Defendant. It’s in the Court’s Charge. It’s the law given to you by the Judge and he signed it and it’s the law, okay? And you can take this back and read it yourselves.
My point is this: 25 years might be life for this” man, 30 years might be life for this man, 40 years may be life for this man, but with a record like that, why take the chance?
It’s time to send the message to Billie Helleson and nine stories of people and a whole building full down in Huntsville, and there is nothing less that this case deserves than life.

Shortly thereafter, the jury returned a sentence of seventy-five years. While this argument is clearly improper,[4] Helleson failed to object. He has, therefore, waived his right to challenge the argument on appeal. See Kelley v. State, 968 S.W.2d 395, 402-03 (Tex.App.—Tyler 1998, no pet.) (right to complain of impermissible jury argument forfeited if appellant fails to continually object); see also McFarland v. State, 845 S.W.2d 824, 840 (Tex.Crim.App.1992) (no reversible error when same argument is presented elsewhere in trial without objection), cert. denied, 508 U.S. 963, 113 S.Ct. 2937, 124 L.Ed.2d 686 (1993). This result, however, should not be construed as condoning the State’s conduct in this case, nor as an indication that such arguments, if repeated, will be tolerated in future appeals.

For the reasons discussed above, we overrule Helleson’s third point and affirm the judgment of the trial court.

DAUPHINOT, J., filed a concurring opinion.

1

§ 22.01. Assault

(a) A person commits an offense if the person:
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(2) intentionally or knowingly threatens another with imminent bodily injuryf.]
§ 22.07. Terroristic Threat
(a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:
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(2) place any person in fear of imminent serious bodily injury[.]

Id. (emphasis supplied).

2

The pertinent part of the court's charge reads, "[u]nder the law applicable in this case, if the Defendant is sentenced to a term of imprisonment, he will not become eligible for parole until the actual time served equals one-fourth of the sentence imposed or 15 years, whichever is less.”

3

We have admonished the State for the same "do the math” argument in prior unpublished decisions.

4

The argument is particularly disturbing because the offending prosecutor persisted in making a patently improper argument after having received a strong admonishment for making a similar argument earlier.

Concurrence

LEE ANN DAUPHINOT, Justice,

concurring.

Although I concur in the result, I write separately to commend the State on candidly conceding that the prosecutor’s suggestion that the jury “do the math” was improper. I also write to emphasize the majority’s warning that our failure to reverse based on this improper argument should not be construed as condoning such jury argument.