James Earl Eldred, Appellant v. the State of Texas, Appellee

Summary

The Court affirmed the conviction for aggravated robbery, holding that the trial court was not required to give a lesser‑included offense instruction on theft because the record did not show that the defendant, if guilty, was guilty only of theft. The Court also affirmed the admission of evidence on the other grounds and upheld the enhancement under the prior‑conviction statute. Justice Phillips dissented, arguing that the lesser‑included instruction should have been required.