The following is a summary of selected criminal opinions issued by the Third Court of Appeals from February 2024. The summary is an overview; please review the entire opinions. The subsequent history is current as of Sept. 5, 2024.
LESSER-INCLUDED OFFENSES: Assault on a public servant vs. resisting arrest. Resisting arrest was not a lesser-included offense of assault on a public servant as charged.
Watson v. State, No. 03-22-00278-CR (Tex. App.—Austin Feb. 16, 2024, no pet.) (mem. op., not designated for publication).
The State charged Watson with assault on a public servant, alleging that she “intentionally, knowingly, or recklessly cause[d] bodily injury to [a deputy] by kicking [the deputy] in the chest,” while the deputy was arresting her. At trial, Watson requested an instruction on resisting arrest, which she argued was a lesser-included offense of assault on a public servant. The trial court refused the request, and the appellate court concluded that the trial court did not err in doing so. The Court used the cognate-pleadings approach to determine whether resisting arrest could be established by proof of the same or less facts required to establish the commission of assault on a public servant.