Legal Opinion

Yzaguirre, Jay Paul

Court of Criminal Appeals of Texas

Decided March 27, 2013No. PD-0799-12PublishedCited by 61 opinions

1Opinion of the CourtKeller, P.J.

in which PRICE, JOHNSON, KEASLER, HERVEY, COCHRAN, and ALCALÁ, JJ., joined.

In this aggravated robbery case, the abstract portion of the jury charge included an instruction on the law of parties, but the application portion did not. Further, appellant was denied a lesser-included-offense instruction on robbery. We must determine whether it is proper, in determining whether the lesser-offense instruction should have been given, to take into account the omission of the law of parties in the application portion of the charge.

I. BACKGROUND

A. Trial

Tony Manjares, Edgar Aguilar, and appellant entered…

2Cases cited15 opinions

  1. Almanza v. StateCourt of Criminal Appeals of Texas · 1985
  2. Malik v. StateCourt of Criminal Appeals of Texas · 1997
  3. Medina v. StateCourt of Criminal Appeals of Texas · 1999
  4. Adames, Juan Eligio GarciaCourt of Criminal Appeals of Texas · 2011
  5. In Re STATE of Texas Ex Rel. David P. WEEKSCourt of Criminal Appeals of Texas · 2013

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3Cited by61 opinions

  1. Dusti Kenne Lee v. State, Texas Court of Appeals, 6th District (Texarkana)2013
  2. Israel Zapata v. State, Texas Court of Appeals, 4th District (San Antonio)2014
  3. Triston Young v. State, Texas Court of Appeals, 1st District (Houston)2014
  4. Lopez v. StateCourt of Appeals of Texas · 2016
  5. Brendan Xavier Douglas v. State, Texas Court of Appeals, 6th District (Texarkana)2016

56 more not listed; retrieve them via the Exa API.

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