Trejo v. State

OPINION ON REMAND

KEM THOMPSON FROST, Justice.

Appellant was charged by indictment with the offense of aggravated sexual as sault. The jury acquitted appellant of this offense and found him guilty of aggravated assault, which the trial court submitted to the jury as a lesser-included offense. On remand from the Court of Criminal Appeals, this court must determine whether appellant suffered egregious harm based on the trial court’s error in charging the jury on aggravated assault even though this offense was not a lesser-included offense of the indicted'offense. Concluding that appellant…