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Question on Lesser Included Offense
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rmpalm11
Member
posted
I am working on an aggravated sexual assault of child by digital penetration. Can I get a lesser included offense instruction to the jury of indecency with a child by contact?
 
Posts: 15 | Location: Fairfield, Texas, USA | Registered: July 22, 2009Reply With QuoteReport This Post
Andrea W
Member
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Yes, as long as it's for the same act. (ie, the only question is whether he penetrated or not) See Evans v. State, 299 S.W.3d 138 (Tex. Crim. App. 2009).
 
Posts: 1116 | Location: Waxahachie | Registered: December 09, 2004Reply With QuoteReport This Post
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