RANSIER, CHARLES ROBERT v. the State of Texas ( 2023 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-0289-20
CHARLES ROBERT RANSIER, Appellant
v.
THE STATE OF TEXAS
ON STATE=S PETITION FOR DISCRETIONARY REVIEW
FROM THE FOURTEENTH COURT OF APPEALS
COMAL COUNTY
KEEL, J., filed a concurring opinion, in which SLAUGHTER, J., joined.
CONCURRING OPINION
I agree with the majority; Appellant was not entitled to an instruction on attempted
tampering by concealment because, while there was testimony both that he concealed the
syringe and tried to conceal it, there was no evidence that he only tried to conceal it.
And I appreciate and endorse the majority’s narrowing of Bullock v. State, 509 S.W.3d
921 (Tex. Crim. App. 2016). But our caselaw on requiring lesser-included-offense
instructions on defense request is still muddled, and I would like to clear it up more
Ransier – Page 2
definitively. See Chavez v. State, 666 S.W.3d 772, 782 (Tex. Crim. App. 2022) (Keel,
J., concurring). Maybe someday we will. In the meantime, I join the majority’s step in
that direction.
Delivered: June 28, 2023
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