Larry Glenn Haynes, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals affirmed the Court of Appeals' judgment of acquittal, holding that an appellate court may not reform a trial court's judgment to reflect a conviction for a lesser‑included offense when that offense was not submitted to the jury. The decision rests on Collier v. State and the rule that reform is permissible only if the lesser‑included offense was instructed or requested. Two dissenting opinions argue that Collier should not bind the Court and that the judgment should be reformed to a lesser offense. A concurring opinion emphasizes adherence to the Malik standard and the Collier rule.