Court of Criminal Appeals of Texas

Jose Jesus Guzman, Appellant v. the State of Texas

March 29, 20062006 Tex. Crim. App. LEXIS 599

Summary

The Court of Criminal Appeals affirmed the conviction for attempted murder, holding that the trial court did not err by refusing a lesser‑included instruction on deadly conduct because the evidence showed the defendant acted recklessly and caused serious bodily injury, satisfying the second prong of the lesser‑included instruction test. Justice Keller filed a concurring opinion agreeing with the majority.