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

Summary

The Court affirmed the Court of Appeals' reversal, holding that the trial court erred by refusing to give the requested lesser‑included offense instruction on criminal trespass and that the error was harmful. The majority applied the two‑prong Royster‑Aguilar test and concluded that sufficient evidence existed to support a trespass charge. A concurring/dissenting opinion agreed the error was reversible but argued the majority misapplied the Almanza test and that the error was harmless. Justice TEAGUE dissented from the majority's finding of harmful error.