Miles, Leonard

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1708-08 & PD-1709-08 LEONARD MILES, III, Appellant v. THE STATE OF TEXAS ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE FIFTH COURT OF APPEALS DALLAS COUNTY K ELLER, P.J., filed a dissenting opinion in which H ERVEY, J., joined. Viewed from the correct perspective, this case is not as complicated as it might appear. A serious error occurred, but it was an error in the jury charge, not an insufficiency of the evidence. The indictment in the present case did not authorize a conviction for a Penalty Group 1 offense, so the sufficiency…