James v. State

BAKER, Justice.

A jury convicted appellant of robbery and assessed a life sentence. In one point of error, he contends that the trial court erred by failing to submit the lesser included offense of theft in the jury charge. We overrule this point and affirm the trial court’s judgment.

The State contends that appellant has waived the right to raise this complaint. We must consider the State’s waiver argument before we reach appellant’s point of error. The State notes that article 36.15 of the Texas Code of Criminal Procedure provides that requested instructions must be in writing. This…