Chavez v. Texas (original by judge hervey)
Annotate this CaseAppellant Jose Chavez was tried for capital murder based on the law of parties, but requested lesser-included offense (LIO) instructions on kidnapping and felony murder. The trial court did not submit the instructions, and Appellant was convicted. On appeal, Appellant argued the trial court should have given the instructions and that he was harmed by the trial court’s failure to give them. The court of appeals agreed and ordered a new trial. Because the Texas Court of Criminal Appeals concluded Appellant was not entitled to the instructions, it reversed the court of appeals' judgment and affirmed the trial court.
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