Mendieta v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Justice.

Appellant was convicted of voluntary manslaughter. On direct appeal, appellant argued that the trial court erred in refusing to charge the jury on the lesser included offense of criminally negligent homicide. The Court of Appeals affirmed appellant’s conviction, Mendieta v. State, 659 S.W.2d 489 (Tex.App.-Fort Worth, 1983). We granted appellant’s petition for discretionary review to examine the Court of Appeals’ opinion in light of Hunter v. State, 647 S.W.2d 657 (Tex.Cr.App.1983).

At trial, appellant testified on…