Cavazos, Abraham

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1675-10

ABRAHAM CAVAZOS, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE EIGHTH COURT OF APPEALS

EL PASO COUNTY

Keller, P.J., filed a concurring opinion.

The court of appeals made two alternate holdings: (1) that manslaughter is not a lesser-included offense of the theory of murder for which appellant was tried and (2) that, even if it were a lesser-included offense, there was no evidence from which a jury could rationally find that appellant was guilty only of manslaughter. The Court renders what is essentially…