Mendez v. State

Today we seek to resolve a conflict among the lower courts. Some courts have held that, when a trial court sua sponte issues a defensive jury instruction but fails to apply it to a lesser-included offense, the court commits no error unless the defendant objects.1 Others, including the First *550Court of Appeals in this case,2 have held that this is error, even if the defendant does not object. We affirm the First Court of Appeals.

I. FACTS

On August 5, 2011, some time after 2 A.M., Adrian Mendez and several friends arrived at Big Man Diesel Repair. The group had spent the evening socializing and…