THE STATE OF TEXAS v. BRANDON CORNELIUS HARRIS, Appellant (Original)
Annotate this Case
Download PDF
IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1472-12 THE STATE OF TEXAS v. BRANDON CORNELIUS HARRIS, Appellant ON APPELLANT S PETITION FOR DISCRETIONARY REVIEW FROM THE TENTH COURT OF APPEALS BRAZOS COUNTY Per curiam. OPINION Appellant was charged with murder under Texas Penal Code § 19.02(b)(2). He was found guilty and sentenced to thirty years in prison. On appeal, he argued that the trial court erred in failing to charge the jury on the lesser-included offense of manslaughter. The Court of Appeals disagreed, holding that manslaughter can never be a lesser-included offense of HARRIS - 2 murder under § 19.02(b)(2). Harris v. State, No. 10-11-00035-CR, 2012 Tex. App. LEXIS 5201, at *8 (Tex. App. Waco June 27, 2012) (not designated for publication) (citing Cavazos v. State, 329 S.W.3d 838 (Tex. App. El Paso 2010, pet. granted)). Appellant has filed a petition for discretionary review of this decision, noting that this Court granted review in Cavazos. We recently handed down our opinion in Cavazos v. State, No. PD-1675-10, 2012 Tex. Crim. App. LEXIS 1387 (Tex. Crim. App. October 31, 2012). In Cavazos, we held that manslaughter can be a lesser-included offense of murder under § 19.02(b)(2). Id. at *19. The Court of Appeals in the instant case did not have the benefit of our opinion in Cavazos. Accordingly, we grant Appellant s petition for discretionary review on grounds one and two, vacate the judgment of the Court of Appeals, and remand this case to the Court of Appeals in light of our opinion in Cavazos. Ground three of Appellant s petition is refused. DATE DELIVERED: December 19, 2012 DO NOT PUBLISH
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
