McKinney v. State

KELLER, P.J.,

filed a concurring opinion in which KEASLER, HERVEY, and COCHRAN, JJ., joined.

When a defendant requests the submission of a lesser offense and is convicted of that offense, whether he is estopped from challenging the trial court’s power to impose a conviction for that offense (on the basis of legal or factual insufficiency, limitations, or lack of jurisdiction) depends on the answer to a simple question: Does the infirmity alleged with respect to the requested lesser offense apply also to the charged (greater) offense? If the answer to that question is “yes,” then the defendant’s…