Court of Criminal Appeals of Texas
Freddie L. Campbell, Appellant v. the State of Texas
October 27, 20042004 Tex. Crim. App. LEXIS 1802
Summary
The Court of Criminal Appeals affirmed the lower court's refusal to give a lesser‑included offense instruction, holding that possession of less than one gram of methamphetamine at a separate location is not a lesser‑included offense of possession with intent to distribute 4‑200 grams. The opinion includes concurring opinions that discuss election rules and the distinction between separate criminal acts.