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I would appreciate any thoughts (or especially case cites) on whether attempted arson is a lesser-included offense of burglary with intent to commit arson.

Thanks.
 
Posts: 8 | Location: Wichita County, TX | Registered: August 06, 2002Reply With QuoteReport This Post
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It is not a lesser-included offense. Intent to commit an offense is not the same as the commission of that offense. However, it is a lesser-included offense if burglary is charged under section 30.02(a)(3). See Jones v. State, 850 S.W.2d 236, 239 (Tex. App.--Fort Worth 1993.
 
Posts: 9 | Registered: October 26, 2001Reply With QuoteReport This Post
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