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19 Texas opinions name it 2 courts 1985–2022 1 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
DeVaughn v. Stategreen2 sentences2012See DeVaughn v. State, 749 S.W.2d 62, 65 (Tex. Crim. 2006Regardless, the State argues that section 30.02(a)(1) is not a lesser included offense of section 30.02(a)(3) because the two subsections allege “distinct manners and means in which [the offense of] . . . burglary may be committed.” See Tex. Penal Code Ann. §§ 30.02(a)(1), 30.02(a)(3); DeVaughn v. State , 749 S.W.2d 62, 64-65 (Tex. Crim. | 12 | 12 |
Davila v. Stategreen2 sentences2009Because this general culpable mental state is subsumed into the specific intent required in the statute, an indictment alleging an offense under § 30.02(a)(1) and (2), supra, is sufficient if it alleges only that the entry was made "with the intent to commit a felony or theft." Davila v. State , 547 S.W.2d 606, 608 (Tex. Crim. 2009Because this general culpable mental state is subsumed into the specific intent required in the statute, an indictment alleging an offense under § 30.02(a)(1) and (2), supra, is sufficient if it alleges only that the entry was made “with the intent to commit a felony or theft.” Davila v. State, 547 S.W.2d 606, 608 (Tex.Crim.App.1977). | 3 | 3 |
Garcia v. Stategreen2 sentences1993See Foster, supra at 496 (trial court did not have jurisdiction to convict appellant for aggravated assault because aggravated assault is not a lesser included offense of burglary of a habitation with intent to commit aggravated assault); see also Garcia, supra (theft is not a lesser included offense of burglary with intent to commit theft); De Albuquerque v. State, 712 S.W.2d 809, 813 (Tex.App.—Houston [1st Dist.] 1986, no pet.) (theft is not lesser included offense of burglary of a building with intent to commit theft); Martinez v. State, 644 S.W.2d 104, 111 (Tex.App.—San Antonio 1982, no pe 1985Garcia v. State, 571 S.W.2d 896, 899 (Tex.Crim.App.1978). | 2 | 2 |
Jackson v. Virginiared1 sentence2022See id. | 1 | 1 |
Royster v. Stategreen1 sentence2006See Royster , 622 S.W.2d at 446 . | 1 | 1 |
Ford v. Stategreen1 sentence1993See Ford v. State, 632 S.W.2d 151, 153 (Tex.Crim.App. 1982) [indictment under § 30.02(a)(3) would require proof of the commission or attempted commission of the lesser offense]. | 1 | 1 |
De Albuquerque v. Stategreen2 sentences1993See Foster, supra at 496 (trial court did not have jurisdiction to convict appellant for aggravated assault because aggravated assault is not a lesser included offense of burglary of a habitation with intent to commit aggravated assault); see also Garcia, supra (theft is not a lesser included offense of burglary with intent to commit theft); De Albuquerque v. State, 712 S.W.2d 809, 813 (Tex.App.—Houston [1st Dist.] 1986, no pet.) (theft is not lesser included offense of burglary of a building with intent to commit theft); Martinez v. State, 644 S.W.2d 104, 111 (Tex.App.—San Antonio 1982, no pe 1993See Foster, supra at 496 (trial court did not have jurisdiction to convict appellant for aggravated assault because aggravated assault is not a lesser included offense of burglary of a habitation with intent to commit aggravated assault); see also Garcia, supra (theft is not a lesser included offense of burglary with intent to commit theft); De Albuquerque v. State, 712 S.W.2d 809, 813 (Tex.App.—Houston [1st Dist.] 1986, no pet.) (theft is not lesser included offense of burglary of a building with intent to commit theft); Martinez v. State, 644 S.W.2d 104, 111 (Tex.App.—San Antonio 1982, no pe | 1 | 1 |
Martinez v. Stategreen2 sentences1993See Foster, supra at 496 (trial court did not have jurisdiction to convict appellant for aggravated assault because aggravated assault is not a lesser included offense of burglary of a habitation with intent to commit aggravated assault); see also Garcia, supra (theft is not a lesser included offense of burglary with intent to commit theft); De Albuquerque v. State, 712 S.W.2d 809, 813 (Tex.App.—Houston [1st Dist.] 1986, no pet.) (theft is not lesser included offense of burglary of a building with intent to commit theft); Martinez v. State, 644 S.W.2d 104, 111 (Tex.App.—San Antonio 1982, no pe 1993See Foster, supra at 496 (trial court did not have jurisdiction to convict appellant for aggravated assault because aggravated assault is not a lesser included offense of burglary of a habitation with intent to commit aggravated assault); see also Garcia, supra (theft is not a lesser included offense of burglary with intent to commit theft); De Albuquerque v. State, 712 S.W.2d 809, 813 (Tex.App.—Houston [1st Dist.] 1986, no pet.) (theft is not lesser included offense of burglary of a building with intent to commit theft); Martinez v. State, 644 S.W.2d 104, 111 (Tex.App.—San Antonio 1982, no pe | 1 | 1 |
Foster v. Stategreen2 sentences1993See Foster, supra at 496 (trial court did not have jurisdiction to convict appellant for aggravated assault because aggravated assault is not a lesser included offense of burglary of a habitation with intent to commit aggravated assault); see also Garcia, supra (theft is not a lesser included offense of burglary with intent to commit theft); De Albuquerque v. State, 712 S.W.2d 809, 813 (Tex.App.—Houston [1st Dist.] 1986, no pet.) (theft is not lesser included offense of burglary of a building with intent to commit theft); Martinez v. State, 644 S.W.2d 104, 111 (Tex.App.—San Antonio 1982, no pe 1993See Foster, supra at 496 (trial court did not have jurisdiction to convict appellant for aggravated assault because aggravated assault is not a lesser included offense of burglary of a habitation with intent to commit aggravated assault); see also Garcia, supra (theft is not a lesser included offense of burglary with intent to commit theft); De Albuquerque v. State, 712 S.W.2d 809, 813 (Tex.App.—Houston [1st Dist.] 1986, no pet.) (theft is not lesser included offense of burglary of a building with intent to commit theft); Martinez v. State, 644 S.W.2d 104, 111 (Tex.App.—San Antonio 1982, no pe | 1 | 1 |
Waller v. Stategreen1 sentence1990Waller v. State, 648 S.W.2d 308, 310 (Tex.Crim.App.1983) (overruling Ex parte Prestridge, 605 S.W.2d 922 (Tex.Crim.App.1980) to the extent of conflict). 2 . | 1 | 1 |
Lewis v. Stategreen2 sentences1988It is well settled that the intent to commit a felony or theft must exist at the moment of the entry or there is no offense under § 30.02(a)(1), supra; Lewis v. State, 715 S.W.2d 655, 656 (Tex.Cr.App.1986). 1988It is well settled that the intent to commit a felony or theft must exist at the moment of the entry or there is no offense under § 30.02(a)(1), supra; Lewis v. State, 715 S.W.2d 655, 656 (Tex.Cr.App.1986). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Houston v. State
green
2 sentences1993See Foster, supra at 496 (trial court did not have jurisdiction to convict appellant for aggravated assault because aggravated assault is not a lesser included offense of burglary of a habitation with intent to commit aggravated assault); see also Garcia, supra (theft is not a lesser included offense of burglary with intent to commit theft); De Albuquerque v. State, 712 S.W.2d 809, 813 (Tex.App.—Houston [1st Dist.] 1986, no pet.) (theft is not lesser included offense of burglary of a building with intent to commit theft); Martinez v. State, 644 S.W.2d 104, 111 (Tex.App.—San Antonio 1982, no pe 1993See Foster, supra at 496 (trial court did not have jurisdiction to convict appellant for aggravated assault because aggravated assault is not a lesser included offense of burglary of a habitation with intent to commit aggravated assault); see also Garcia, supra (theft is not a lesser included offense of burglary with intent to commit theft); De Albuquerque v. State, 712 S.W.2d 809, 813 (Tex.App.—Houston [1st Dist.] 1986, no pet.) (theft is not lesser included offense of burglary of a building with intent to commit theft); Martinez v. State, 644 S.W.2d 104, 111 (Tex.App.—San Antonio 1982, no pe | 1 | 1993–1993 |
Ex parte Prestridge
neutral
1 sentence1990Waller v. State, 648 S.W.2d 308, 310 (Tex.Crim.App.1983) (overruling Ex parte Prestridge, 605 S.W.2d 922 (Tex.Crim.App.1980) to the extent of conflict). 2 . | 1 | 1990–1990 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.