Briceno v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for indecency with a child. V.T.C.A. Penal Code, Sec. 21.11(a)(2). Punishment was assessed at four years.

Appellant’s sole contention is that the trial court erred in failing to instruct the jury on the lesser included offense of indecent exposure, V.T.C.A. Penal Code, Sec. 21.08.

The record reflects that after counsel for the State and appellant had been handed copies of the court’s charge and asked if they had “questions or remarks or statements regarding the charge,” appellant’s counsel dictated his objection regarding the court’s…