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 affirmed Guzman's conviction for attempted murder, holding that the evidence showed intentional conduct and thus he was not entitled to a lesser‑included instruction on deadly conduct. The majority reasoned that the two‑prong test was satisfied on the first prong but failed on the second because the record demonstrated recklessness and actual injury, precluding a rational inference of guilt only of deadly conduct. A concurring opinion agreed with the result but emphasized the injury precludes the lesser‑included charge, while a dissent disagreed with the majority.