Haynes v. State

OPINION

MEYERS, PRICE, JOHNSON, KEASLER and HOLCOMB, JJ., joined.

The issue in this case is whether an appellate court may l’eform a trial court’s judgment to reflect a conviction for an unrequested lesser-included offense not submitted to the jury, when the appellate court decides that the evidence is insufficient to support the jury’s guilty verdict for the greater offense but is sufficient to support a conviction for the lesser-included offense. We decide that, under these circumstances, an appellate court may not reform the trial court’s judgment to reflect a conviction for the…