Court of Criminal Appeals of Texas

Larry Glenn Haynes, Appellant v. the State of Texas

April 30, 20082008 Tex. Crim. App. LEXIS 569

Summary

The Court held that an appellate court may not reform a trial court's judgment to reflect a conviction for a lesser‑included offense that was not submitted to the jury, affirming the lower court's judgment of acquittal. The decision relied on the narrowest ground from Collier and the Texas Rules of Appellate Procedure. Justice Keller and Justice Cochrane dissented, arguing that the Court should follow Collier's plurality reasoning.