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SOLIZ v. STATE

No. PD-0117-11.

353 S.W.3d 850 (2011)

Jeffery Jay SOLIZ, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

October 5, 2011.

Attorney(s) appearing for the Case

John Glimore , Corpus Christi, for Appellant.

Douglas K. Norman , Corpus Christi, Lisa C. McMinn , State's Attorney, Austin, for State.

KELLER, P.J., delivered the opinion of the Court in which PRICE, WOMACK, JOHNSON, KEASLER, HERVEY, COCHRAN, and ALCALA, JJ., joined.

When a person is prosecuted for a crime, a lesser offense is sometimes submitted to the jury. The trial judge makes an initial determination of whether, as a matter of law, an offense qualifies as a lesser-included offense.1 He then decides whether the lesser offense was raised by the evidence.

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