Legal Opinion
Woodard v. State
Texas Court of Appeals, 14th District (Houston)
Decided October 22, 2009No. 14-08-00288-CRPublishedCited by 10 opinions
1Opinion of the Court
SUBSTITUTE OPINION
KENT C. SULLIVAN, Justice.
We deny the State’s motion for rehearing, withdraw our opinion issued May 14, 2009, and issue this substitute opinion in its place.
Appellant, Andrew Woodard, was acquitted of murder, the only offense described in the felony indictment. However, he was convicted of conspiracy to commit aggravated robbery, a crime that (1)was not set forth in the indictment and (2) is not a lesser-included offense of the crime for which he was indicted.
The State concedes the trial court erred by submitting the unindicted offense but nevertheless urges us to affirm the…
2Cases cited37 opinions
- Almanza v. StateCourt of Criminal Appeals of Texas · 1985
- Burks v. United StatesSupreme Court of the United States · 1978
- Stirone v. United StatesSupreme Court of the United States · 1960
- Ngo v. StateCourt of Criminal Appeals of Texas · 2005
- United States v. Gonzalez-LopezSupreme Court of the United States · 2006
32 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Woodard v. StateCourt of Criminal Appeals of Texas · 2010
- Trejo v. State, Texas Court of Appeals, 14th District (Houston)2010
- Andrew Woodard v. State, Texas Court of Appeals, 14th District (Houston)2011
- Johnny Ray Waller v. State, Texas Court of Appeals, 2nd District (Fort Worth)2011
- Johnny Ray Waller v. State, Texas Court of Appeals, 2nd District (Fort Worth)2011
5 more not listed; retrieve them via the Exa API.