Legal Opinion
Merlin James v. State
Texas Court of Appeals, 1st District (Houston)
Decided April 19, 2012No. 01-10-00693-CRPublishedCited by 13 opinions
1Opinion of the Court
OPINION
MICHAEL MASSENGALE, Justice.
A jury convicted appellant Merlin James of aggravated robbery. Tex. Penal Code Ann. § 29.03 (West 2011). The judgment reflects an affirmative deadly-weapon finding. James pleaded “true” to two prior convictions and the court sentenced him to 45 years in prison.
James presents three issues on appeal: (1) the evidence was legally insufficient to show that an air rifle used in the robbery was a deadly weapon; (2) the court erred in refusing to instruct the jury on the lesser-included offense of theft; and (3) the court erred by allowing the State to amend an…
2Cases cited30 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Clayton v. StateCourt of Criminal Appeals of Texas · 2007
- Oyler v. BolesSupreme Court of the United States · 1962
- Dickerson v. United StatesSupreme Court of the United States · 2000
- Asberry v. State, Texas Court of Appeals, 5th District (Dallas)1991
25 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Matthew Hamann v. State, Texas Court of Appeals, 1st District (Houston)2014
- Francisco Taylor Jr. A/K/A Francisco Gomez Taylor Jr. A/K/A Francisco Gomez Taylor A/K/A Frank Taylor Gomez Jr. v. the State of Texas, Texas Court of Appeals, 13th District2025
- Gary Moore v. State, Texas Court of Appeals, 6th District (Texarkana)2015
- Guy Sheppard v. State, Texas Court of Appeals, 4th District (San Antonio)2014
- Ladarion Jenkins v. State, Texas Court of Appeals, 5th District (Dallas)2019
8 more not listed; retrieve them via the Exa API.