CHARLES ROBERT RANSIER v. THE STATE OF TEXAS (2023)

Court of Criminal Appeals of Texas.

CHARLES ROBERT RANSIER, Appellant v. THE STATE OF TEXAS

NO. PD-0289-20

Decided: June 28, 2023

CONCURRING OPINION

I agree with the majority; Appellant was not entitled to an instruction on attempted tampering by concealment because, while there was testimony both that he concealed the syringe and tried to conceal it, there was no evidence that he only tried to conceal it. And I appreciate and endorse the majority's narrowing of Bullock v. State, 509 S.W.3d 921 (Tex. Crim. App. 2016). But our caselaw on requiring lesser-included-offense instructions on defense request is still muddled, and I would like to clear it up more definitively. See Chavez v. State, 666 S.W.3d 772, 782 (Tex. Crim. App. 2022) (Keel, J., concurring). Maybe someday we will. In the meantime, I join the majority's step in that direction.

KEEL, J., filed a concurring opinion, in which SLAUGHTER, J., joined.

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