Court of Criminal Appeals of Texas

Court of appeals' order vacating defendant's conviction for aggravated assault in concluding that aggravated assault was not a lesser-included offense of aggravated sexual assault and that the trial court had no jurisdiction to convict the defendant of an offense not charged in the indictment, is vacated and remanded as, in the absence of any finding that the evidence was legally insufficient to support the jury's verdict, the court of appeals was not justified in ordering the entry of an acquittal.

Appellate Information

• Decided 10/20/2010
• Published 10/20/2010

Judges

• Price

Court

• Court of Criminal Appeals of Texas

Counsel