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GREY v. STATE

No. PD-0137-09.

298 S.W.3d 644 (2009)

Steven GREY, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

November 18, 2009.

Attorney(s) appearing for the Case

Scot R. Courtney, San Marcos, for appellant.

Lisa McMinn, First Asst. State's Atty., Jeffrey L. VanHorn, State's Attorney, Austin, for state.

KELLER, P.J., delivered the opinion of the Court in which MEYERS, KEASLER, HERVEY and COCHRAN, JJ., joined.

In the Royster-Rousseau line of cases, we established a two-pronged test for determining when a trial judge should submit to the jury a lesser-included offense that is requested by the defendant.1 Under the second prong of the test, "some evidence must exist in the record that would permit a jury rationally to find that if...

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