Court of Criminal Appeals of Texas

Melvin Charles Sweed, Jr., Appellant v. the State of Texas

October 19, 20112011 Tex. Crim. App. LEXIS 1395

Summary

The Court reversed the First Court of Appeals, holding that trial evidence was sufficient to require a lesser‑included‑offense instruction on theft, and remanded for a harm analysis under Almanza v. State. Justice Johnson filed a concurring opinion agreeing and adding that aggravated assault is also a lesser‑included offense of aggravated robbery.