We have a defendant requesting public intoxication be included as a charge in a DWI trial. Is he entitled to it?

No. Public intoxication is not a lesser included of DWI. The elements they share don't amount to an offense. Being intoxicated in public isn't illegal unless you are also a danger to yourself or others. Being intoxicated in a vehicle in public isn't illegal unless you're operating the vehicle.

No. Neither is a lesser included of DWI. Both have elements that are not included in the DWI elements. They don't satisfy Royster:

Wagner v. State 720 S.W.2d 827 (Ct. App. - Texarkana 1986)(reckless driving)

Public intoxication is SPECIFICALLY excluded, by statute, of being a lesser included of DWI: 49.02(d).