Melvin Charles Sweed Jr. v. State

Opinion issued February 25, 2010

In The

Court of Appeals

For The

First District of Texas

NO. 01-08-00349-CR

MELVIN CHARLES SWEED JR, Appellant

V

THE STATE OF TEXAS, Appellee

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 1132101

DISSENTING OPINION

I respectfully dissent from the majority opinion’s decision to affirm the conviction of appellant, Melvin Charles Sweed, for aggravated robbery. I would reverse and remand the case because the trial court harmfully erred by failing to instruct the jury on the lesser-included offense of theft.

The dispute between the majority…