Bullock v. State

OPINION

in which Johnson, Keasler, Richardson, and Yeary, JJ ., joined.

Henry Richard Bullock, Jr.,1 appellant, was convicted by a jury of the offense of theft of a furniture delivery truck, a third-degree felony. In his sole ground in his petition for discretionary review, appellant contends that the court of appeals erred by upholding the trial court’s decision that had declined his request for a lesser-included-offense jury instruction on attempted theft. We agree with appellant that *923there is more than a scintilla of evidence in the record from which a rational fact finder could have found…