Guzman v. State

KELLER, P.J.,

filed a concurring opinion.

The defendant was charged with attempted murder, and received an instruction on aggravated assault by causing bodily injury. The question in this case is whether he is entitled to a jury charge on deadly conduct even though his acts actually caused injury to his victim. The San Antonio Court of Appeals, agreeing with two other courts of appeals that had spoken on the issue, held that injury precludes submission of a charge on deadly conduct.1 As I will explain below, I agree.

1. Status as lesser-included

First, though, I mention an incongruity that the…