DUDLEY v. STATE

No. PD-197-09.

302 S.W.3d 884 (2010)

Sam Wesley DUDLEY, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

January 27, 2010.


Attorney(s) appearing for the Case

George E. Ashford, III, Dallas, for appellant.

Shelly O'Brien Yeatts, Jeffrey L. VanHorn, State's Attorney, Austin, for State.


OPINION

PER CURIAM.

Appellant was charged with aggravated sexual assault of a child. The trial court granted the State's request for a jury charge on the lesser-included offense of indecency with a child. Appellant pleaded no contest to indecency with a child.

On appeal, Appellant argued that the trial court erred in submitting that charge because indecency with a child could never be a lesser-included offense of aggravated sexual assault...

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