The following is a summary of a selected criminal opinion issued by the Third Court of Appeals in December 2023. The summary is an overview; please review the entire opinion. The subsequent history is current as of June 3, 2024.
AGGRAVATED ROBBERY—EVIDENTIARY SUFFICIENCY AND LESSER-INCLUDED OFFENSE: Evidence was sufficient to prove that defendant committed aggravated robbery, and defendant was not entitled to instruction on lesser-included offense of theft.Â
Selman v. State, No. 03-22-00437-CR (Tex. App.—Austin Dec. 8, 2023, no pet.) (mem. op., not designated for publication).
Selman stole a woman’s purse at the Buda HEB gas station. When Selman grabbed the purse from the woman’s car, the woman ran after Selman and “grabbed him by the throat” as he entered his vehicle and began to drive away. The woman was still holding on to Selman as he closed the car door on her arm repeatedly and drove around the parking lot. The woman was “dragged alongside” the vehicle until she let go and dropped to the ground when she saw that Selman was headed toward the exit to the highway.