Brian Michael Bartholomew, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals reversed the Court of Appeals and held that, under the facts of this case, speeding and racing are lesser included offenses of reckless driving pursuant to Article 37.09(1) of the Texas Code of Criminal Procedure. Accordingly, the record contains sufficient evidence for a jury to find the defendant guilty only of the lesser offenses, entitling the appellant to a lesser included offense charge. The decision was remanded for further proceedings consistent with this holding, and a separate concurrence expressed concern over the lack of a detailed rationale.