Legal Opinion · Dissent

Bullock, Henry Richard Jr. A/K/A Imari Abybakari

Court of Appeals of Texas

Decided October 20, 2015No. PD-1453-15Published

1DissentSharon McCally, Justice

I am persuaded by appellant’s motion for rehearing that the original panel opin*431ion, which I authored, employed a lesser-included-offense analysis for the disposition of appellant’s jury charge issue that is in conflict with Texas Court of Criminal Appeals decisions such as Jones v. State, 984 S.W.2d 254, 257-58 (Tex.Crim.App. 1998). Specifically, the original panel opinion reasoned that, notwithstanding appellant’s testimony that he did not exercise control over the truck, appellant’s blanket denial of his intent to steal the truck negated his ability to obtain a lesser-included instruction…

2Cases cited12 opinions

  1. Jones v. StateCourt of Criminal Appeals of Texas · 1998
  2. Denton v. StateCourt of Criminal Appeals of Texas · 1995
  3. SWEED v. StateCourt of Criminal Appeals of Texas · 2011
  4. Lofton v. StateCourt of Criminal Appeals of Texas · 2001
  5. El Paso Marketing, L.P. and Enterprise Texas Pipeline Llc v. Wolf Hollow I, L.P.Texas Supreme Court · 2012

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