Wortham, Ronald Eugene Jr.

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0765-12

RONALD EUGENE WORTHAM, JR., Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE NINTH COURT OF APPEALS

SAN JACINTO COUNTY

Keller, P.J., filed a concurring opinion.

O P I N I O N

Ronald Wortham was convicted of injury to a child. The Ninth Court of Appeals affirmed the judgment, holding that the trial judge did not err in denying Wortham's request for a jury instruction on the lesser-included offenses of reckless and criminally negligent injury to a child. (1) Because the court of appeals misapplied the…