Freddie L. Campbell, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals affirmed the Court of Appeals, holding that possession of less than one gram of methamphetamine found in a separate location is not a lesser‑included offense of the charged offense of possession with intent to distribute between four and two hundred grams. Because the lesser offense does not satisfy the two‑part test under Article 37.09, the trial court was not required to give a lesser‑included‑offense instruction. Two concurring opinions agreed with the result, discussing the election doctrine and policy concerns of allowing such instructions.