Trejo v. State

in which PRICE, JOHNSON, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

The indictment of the appellant alleged the offense of aggravated sexual assault. The court’s charge authorized the jury to convict for that offense or for any of three lesser offenses: sexual assault, aggravated assault, or assault. The appellant did not object to the submission of the lesser offenses. The jury found the appellant guilty of the lesser offense of aggravated assault.

On appeal, the appellant said that, because aggravated assault was not a lesser-included offense of the aggravated sexual assault that was…