(Download) "Anthony Paul Godsey v. State Texas" by Second District, Fort Worth Court of Appeals of Texas " eBook PDF Kindle ePub Free
eBook details
- Title: Anthony Paul Godsey v. State Texas
- Author : Second District, Fort Worth Court of Appeals of Texas
- Release Date : January 01, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
A jury convicted appellant of attempted capital murder. The court assessed punishment at confinement for ten years. The Fourth Court of Appeals in San Antonio reversed the conviction because of the failure of the trial court to charge on the lesser included offenses of aggravated assault and reckless conduct. Godsey v. State, 640 S.W.2d 336 (Tex.App. San Antonio, 1982). The Court of Appeals also held that the facts and circumstances of the offense were sufficient to permit a rational trier of fact to find that appellant had specific intent to commit capital murder and that he engaged in actions that amounted to more than mere preparation for the offense. We granted the States petition for discretionary review on the issue of whether the evidence showed that appellant was guilty only of a lesser included offense. Appellants petition was granted to review the Court of Appeals holding that the evidence was sufficient to support a conviction for attempted capital murder, that the charge should have instructed the jury on the lesser included offenses of aggravated assault and reckless conduct, and if, in the event reversal was required, the State could retry appellant on the lesser included offenses.