Legal Opinion

Crumpton, Lindsey Alyn

Court of Criminal Appeals of Texas

Decided December 9, 2009No. PD-1634-07Published

1Opinion of the Court

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1634-07

LINDSEY ALYN CRUMPTON, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE FIFTH COURT OF APPEALS

DALLAS COUNTY

Meyers, J., filed a dissenting opinion.

DISSENTING OPINION

The issue before the Court is whether an express deadly-weapon finding exists when a defendant is found guilty of a lesser-included offense and the jury has seen a deadly-weapon clause in the indictment for the greater offense and in the application paragraph for the greater offense, but never in association with the lesser-included offense…

2Cases cited4 opinions

  1. Polk v. StateCourt of Criminal Appeals of Texas · 1985
  2. LaFleur v. StateCourt of Criminal Appeals of Texas · 2003
  3. Blount v. StateCourt of Criminal Appeals of Texas · 2008
  4. Cosgrove v. StateCourt of Criminal Appeals of Texas · 1897

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