Esteban Arevalo, Appellant v. the State of Texas, Appellee

Summary

The Court held that the second prong of the Rousseau‑Aguilar‑Royster lesser‑included‑offense test applies to the State as well as to defendants, vacated the Court of Appeals judgment and remanded for further determination on the evidence and harmless‑error analysis. Two dissenting opinions argued that the test should not limit the State’s ability to request such instructions.