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AREVALO v. STATE

No. 0599-96.

943 S.W.2d 887 (1997)

Esteban AREVALO, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

March 19, 1997.

Attorney(s) appearing for the Case

Kim Richardson, Freeport, for appellant.

David Bosserman, Mary Peter Cudd, Assistant District Attorneys, Angleton, Matthew Paul, Austin, for appellee.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

MANSFIELD, Justice.

This case presents the question whether the second prong of the Rousseau-Aguilar-Royster1 test regarding lesser included offenses applies to the State as well as to defendants. We hold that it does.

The Relevant Facts

The Brazoria County grand jury indicted appellant, Esteban Arevalo, for two counts of aggravated sexual...

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