Lugo v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

This is an appeal from a conviction for murder. After a trial by jury, the court assessed punishment at 16 years.

On direct appeal, appellant contended in his sole ground of error that the trial court erred in refusing to instruct the jury on the lesser included offense of involuntary manslaughter. The Corpus Christi Court of Appeals held that the evidence did not raise the issue of involuntary manslaughter and affirmed the conviction. Lugo v. State, 653 S.W.2d 513 (Tex.App.—Corpus Christi 1983). We granted appellant’s…