DocketNumber： PD-0289-20
Filed Date： 6/28/2023
Status： Precedential
Modified Date： 7/3/2023
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 ═══════════════════════════════════════ YEARY, J., filed a dissenting opinion. I dissent for the reasons stated in my dissenting opinion Chavez v. State,666 S.W.3d 772
, 792 (Tex. Crim. App. 2023) (Yeary, J., dissenting) (“So long as the potential for doubt with respect to the elevating element is not an irrational one based upon all the evidence RANSIER – 2 that bears on the question, the jury’s potential response may well provide a basis for the trial court to conclude that the defendant could rationally be found ‘guilty only’ of the lesser-included offense. If so, then, upon request for the instruction by either party, the lesser-included offense has become ‘the law applicable to the case’ for purposes of instructing the jury under the dictates of Article 36.14.”). FILED: June 28, 2023 PUBLISH