Salazar v. State

Opinion

BRIAN QUINN, Chief Justice.

Joe Christian Salazar appeals his conviction for burglary of a building. His sole issue concerns the trial court’s decision denying his request for an instruction on the offense of criminal trespass. The latter allegedly was a lesser-included offense of the crime for which he was indicted. We disagree and affirm the judgment.

Law

With the advent of Hall v. State, 225 S.W.3d 524 (Tex.Crim.App.2007), the methodology used in determining whether an accused is entitled to an instruction on a lesser-included offense has changed. The test still consists of two…