March 07, 2011, 18:22
rmpalm11Question on Lesser Included Offense
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?
March 08, 2011, 08:27
Andrea WYes, 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).