Dennis Earl Pickens, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals of Texas held that the trial court did not err in charging the jury on the lesser‑included offense of simple possession and that the state may proceed on a lesser‑included offense without amending the indictment. However, the court found that the appellate court erred in concluding the appellant had waived his claim regarding a required Article 38.23 jury instruction, and remanded the cases for determination of whether a factual dispute exists about the legality of the evidence.