Eulogio Moreno, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas affirmed the Eastland Court of Appeals' decision that the trial court erred by refusing to give a jury instruction on the lesser‑included offense of criminal trespass, finding the error harmful and requiring reversal of the burglary conviction. The majority applied the test set forth in Almanza v. State to determine the error was not harmless. Justice Teague filed a partial concurrence and dissent, agreeing the error was reversible but criticizing the majority's application of Almanza.