Court of Criminal Appeals of Texas

Blas A. Enriquez, Appellant v. the State of Texas

June 21, 20002000 Tex. Crim. App. LEXIS 66

Summary

The Court of Criminal Appeals reversed the Court of Appeals' decision and affirmed the trial court's conviction, holding that the record contains sufficient evidence for a lesser‑included offense instruction on delivery of more than 5 but less than 50 pounds of marijuana. The Court also emphasized that appellate review must consider the entire record rather than pluck isolated testimony. Justice Johnson, dissenting, argued the majority erred in finding entitlement to the instruction.