Bignall v. State

Pluck! Pluck! Pluck! Pluck! Last year, in Ramos v. State, 865 S.W.2d 463, 464-65 (Tex.Cr.App.1993), we reaffirmed the rule set out in Godsey v. State, 719 S.W.2d 578, 584 (Tex.Cr.App.1986), that evidence should not be plucked out of the record and examined in a vacuum in a lesser included offense analysis. In Ramos, we held the State’s evidence and a single statement in the defendant’s testimony, viewed in the context of the entire record and the defendant’s factual theory at trial that he committed no offense, were insufficient to raise a lesser included offense. Id., 865 S.W.2d at 465. I…