December 06, 2008, 13:34
John GillespieLesser Included
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.
December 08, 2008, 08:17
John BrasherIt 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.