Donnie Leroy Kachel v. State

IN THE TENTH COURT OF APPEALS No. 10-11-00337-CR DONNIE LEROY KACHEL, Appellant v. THE STATE OF TEXAS, Appellee From the 19th District Court McLennan County, Texas Trial Court No. 2011-198-C1 DISSENTING OPINION I respectfully dissent from the majority’s opinion because I believe that the trial court erred in denying Appellant Donnie Leroy Kachel’s request for an instruction on the lesser-included offense of indecent exposure and that Kachel was harmed by such error. A defendant’s own testimony that he committed no offense, or testimony that otherwise shows that no offense occurred at all, is…