Ramirez v. State

OPINION

KOEHLER, Justice.

Joe Miguel Ramirez appeals from a conviction for the offense of murder. Upon a finding of guilt, the jury found the enhancement paragraph true and assessed punishment at imprisonment for a term of 80 years and a fine of $5,000. We reverse.

In his first point of error, Appellant contends that the trial court erred by failing to include in the court’s charge an instruction on the lesser-included offense of voluntary manslaughter. See Tex.Penal Code Ann. § 19.04 (Vernon 1989). In order to determine whether a charge on a lesser-included offense is required, we must apply a…