Jacob v. State

MAJORITY OPINION

ROBERT E. MORSE, Jr., Former Justice.

This is an appeal from a conviction for aggravated assault. Appellant Jacob complains that her conviction cannot stand because aggravated assault is not a lesser included offense of the charged offense of burglary with intent to commit aggravated assault. We reverse.

Since there is no challenge to the sufficiency of the evidence, we very briefly summarize the facts in the light most favorable to the verdict. Jacob and a co-defendant knocked on complainant’s front door. When the complainant opened the door, they pulled her outside to a…