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Desmond Ledet v. the State of Texas State

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CONCURRING OPINION

Respectfully, I cannot agree with the majority’s analysis that appears to justify mistakes of the police and the prosecutor, inadvertent though they may be, and I therefore concur only in the result. If we do not say that the conduct is wrong, then we approve it by our silence, and that conduct will be repeated. Our duty is not to find a way to justify the actions of either the State or the defense, but to rule on issues brought before us with total impartiality and to provide guidance to the bar and to the bench as objectively as possible in accordance with the law.

Appellant appears to confuse charge error with sufficiency in his seventh point. Even if the trial court improperly charged the jury on the lesser included offense of sexual assault when trial evidence showed only the greater offense, the evidence is nevertheless sufficient to support a conviction for the lesser offense if it is subsumed in the greater offense that was proved.*fn1 To the extent the majority so holds, I agree with the majority.

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