Enriquez v. State

OPINION

in which MANSFIELD, KELLER, HOLLAND, WOMACK and KEASLER, JJ„ joined.

A jury convicted appellant of delivery of between 50 and 2,000 pounds of marijuana which was packaged in 105 separate bundles. In a 2-1 decision the Court of Appeals decided appellant was entitled to a lesser-included offense jury instruction on delivery of more than 5 but less than 50 pounds of marijuana. Enriquez v. State, 988 S.W.2d 899, 902-03 (TexApp.-Houston [14 th Dist] 1999.

This case concerns the application of the second prong of the test for when a defendant is entitled to a lesser-included offense jury…