Legal Opinion

Bowen, Deborah

Court of Criminal Appeals of Texas

Decided June 20, 2012No. PD-1607-10PublishedCited by 103 opinions

1Opinion of the Court

*428 OPINION

MEYERS, J.,

delivéred the opinion of the Court,

in which KELLER, P.J., and WOMACK, JOHNSON, COCHRAN and ALCALA, JJ., joined.

In Collier v. State, 999 S.W.2d 779 (Tex.Crim.App.1999), we held that the court of appeals cannot reform a conviction of a greater offense to a lesser-included offense unless the lesser-included offense was requested by the parties or included in the jury charge. Since the case was decided, we have had to revisit the law regarding lesser-included instructions in many cases, such as those pertaining to the reformation of convictions,1 which party can request the…

2Cases cited11 opinions

  1. Posey v. StateCourt of Criminal Appeals of Texas · 1998
  2. Arevalo v. StateCourt of Criminal Appeals of Texas · 1997
  3. Tolbert v. StateCourt of Criminal Appeals of Texas · 2010
  4. Flores v. StateCourt of Criminal Appeals of Texas · 2008
  5. Grey v. StateCourt of Criminal Appeals of Texas · 2009

6 more not listed; retrieve them via the Exa API.

3Cited by103 opinions

  1. Thornton, GregoryCourt of Criminal Appeals of Texas · 2014
  2. Rabb, Richard LeeCourt of Criminal Appeals of Texas · 2014
  3. Unkart, Rodney GaleCourt of Criminal Appeals of Texas · 2013
  4. Arteaga v. StateCourt of Criminal Appeals of Texas · 2017
  5. Britain, Samantha AmityCourt of Criminal Appeals of Texas · 2013

98 more not listed; retrieve them via the Exa API.

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