CHAVEZ, JOSE JUAN v. the State of Texas

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0759-21 JOSE JUAN CHAVEZ, Appellant v. THE STATE OF TEXAS ON STATE=S PETITION FOR DISCRETIONARY REVIEW FROM THE FOURTEENTH COURT OF APPEALS CHAMBERS COUNTY KEEL, J., filed a concurring opinion, in which KELLER, P.J., and SLAUGHTER, J., joined. CONCURRING OPINION Which of our two tests for “guilty only” is correct—possible disbelief or factual dispute? The court of appeals’ majority relied on the possible-disbelief test to hold that the trial court erred in refusing to instruct the jury on defense-requested lesser-included offenses (“LIOs”).…