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CHARLES ROBERT RANSIER, Appellant v. THE STATE OF TEXAS
I dissent for the reasons stated in my dissenting opinion Chavez v. State, 666 S.W.3d 772, 792 (Tex. Crim. App. 2023) (Yeary, J., dissenting) (“So long as the potential for doubt with respect to the elevating element is not an irrational one based upon all the evidence that bears on the question, the jury's potential response may well provide a basis for the trial court to conclude that the defendant could rationally be found ‘guilty only’ of the lesser-included offense. If so, then, upon request for the instruction by either party, the lesser-included offense has become ‘the law applicable to the case’ for purposes of instructing the jury under the dictates of Article 36.14.”).
YEARY, J., filed a dissenting opinion.
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Docket No: NO. PD-0289-20
Decided: June 28, 2023
Court: Court of Criminal Appeals of Texas.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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