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 of Texas reversed the Court of Appeals and affirmed the trial court's conviction for delivery of 50 to 2,000 pounds of marijuana, holding that the record did not contain sufficient evidence to warrant a lesser‑included offense instruction. The decision rests on the requirement that the entire record, not isolated testimony, must show a rational basis for a jury to find guilt only of the lesser offense.