Court of Criminal Appeals of Texas

The second prong of the test for determining whether a jury charge instruction on the lesser-included offense of sexual assault was warranted was not met, and the trial court erred in submitting such an instruction.

Appellate Information

• Decided 07/02/2003
• Published 07/02/2003

Judges

• Before the court en banc.

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• Shawna L. Reagin, Houston, for appellant., Bridget Holloway, Assist. DA, Houston, Matthew Paul, State's Attorney, Austin, for state.