PENALOZA v. State

OPINION

TRACY CHRISTOPHER, Justice.

Appellant Ramon Penaloza was convicted on one count of aggravated robbery. Punishment was assessed at thirty-three years’ imprisonment. In a single issue, he contends the trial court erred by refusing to submit an instruction on the lesser-included offense of robbery. We affirm.

The complainant, Christina Alvarez, was sitting in her car preparing to leave her apartment when a tan SUV pulled in behind her, blocking her exit. Appellant and another man approached her as she waited inside, flanking her on either side of the vehicle. Assuming that she was a drug…