Ramirez v. State

OPINION

LAURA CARTER HIGLEY, Justice.

Feliciano Humberto Ramirez, appellant, was charged with intoxication manslaughter. Tex. Pen.Code Ann. § 49.08 (Vernon 2008). Appellant pleaded not guilty. The jury found him guilty and assessed punishment at nine years’ confinement.

In one point of error, appellant argues that the trial court erred by denying his request for a jury instruction on the lesser-included offense of driving while intoxicated.

We reverse and remand.

Background

On January 28, 2004, appellant drove his girlfriend, Alicia Gonzalez, to work. When he picked her up from work, he was…