Court of Criminal Appeals of Texas

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

February 23, 19941994 Tex. Crim. App. LEXIS 23

Summary

The Court held that, under the facts, speeding and racing are lesser included offenses of reckless driving and reversed the Court of Appeals, remanding for further proceedings. The decision rests on a case‑by‑case application of the two‑prong test for lesser included offenses.