Court of Criminal Appeals of Texas

In a consolidated appeal of two cases involving a conviction of one defendant for the third-degree felony of bodily-injury assault and the conviction of another defendant for an aggravated sexual-assault offense, the court of appeals did not err in holding that the trial court properly refused defendants' requested jury instructions where: 1) the offensive-contact assault is not lesser-included offense of the charged offense of bodily-injury assault in an indictment alleging bodily injury by "kicking" the complainant; and 2) bodily-injury assault is not a lesser-included offense of the charged offense of aggravated sexual assault in an indictment alleging that the complainant was compelled to submit and participate by the use of "physical force and violence."

Appellate Information

• Decided 11/10/2010
• Published 11/10/2010

Judges

• Hervey

Court

• Court of Criminal Appeals of Texas

Counsel