Arevalo v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

MANSFIELD, Justice.

This case presents the question whether the second prong of the Rousseau-Aguilar-Royster1 test regarding lesser included offenses applies to the State as well as to defendants. We hold that it does.

The Relevant Facts

The Brazoria County grand jury indicted appellant, Esteban Arevalo, for two counts of aggravated sexual assault. At appellant’s trial, the State requested a jury instruction on the lesser included offense of sexual assault as to each count. Appellant objected to the State’s request on the ground “the…