Jones v. State

OPINION ON THE STATE’S PETITION FOR DISCRETIONARY REVIEW

A jury convicted Appellant of the offense of aggravated robbery and assessed punishment at confinement for fifteen years. On appeal the Court of Appeals reversed due to the failure to charge on a lesser included offense of robbery after the Appellant had met the test enunciated in Rousseau v. State, 855 S.W.2d 666 (Tex.Cr.App.1993), and that set forth in Royster v. State, 622 S.W.2d 442 (Tex.Cr.App.1981). Jones v. State, 888 S.W.2d 869 (Tex.App.—Houston [1st], 1994). *689The State has petitioned for discretionary-review arguing that since…