ORANGE COUNTY, Texas — This afternoon, the Court of Appeals The Ninth District of Texas denied the appeal of Joshua Michael Sykes.
Last year, a jury convicted Sykes of attempted capital murder of a peace officer and sentenced him to 50 years behind bars.
Back in April of 2020, Orange County Deputies were called to a stretch of highway outside of Mauriceville where Sykes was reportedly waving a rifle around.
As soon as deputies arrived on the scene Sykes reportedly turned the gun on them and began wildly firing.
Luckily the only thing Sykes managed to hit was a patrol car before he was arrested.
Sykes wanted his convection overturned saying the jury should have been given the choice of convicting him of attempted capital murder or aggravated assault.
Undoubtedly the court did not feel the same, saying that Sykes failed to show that he was entitled to the requested jury instruction on deadly conduct.
The appeals court Memorandum Opinion said, "We conclude that the evidence presented to this jury did not raise a fact issue that would have allowed the jury to conclude that Sykes was guilty only of the lesser included offense of reckless conduct, if they concluded he was not guilty of attempted capital murder or aggravated assault."
Sykes will have to continue to serve out his 50 year sentence.
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