Paul Sandoval Ramos v. State

A jury convicted appellant of aggravated sexual assault and assessed punishment at confinement for fifty years. See V.T.C.A., Penal Code, Section 22.021. The Fort Worth Court of Appeals reversed the conviction, holding the trial court erred in failing to instruct the jury on the lesser included offense of sexual assault. Ramos v. State, 821 S.W.2d 418 (Tex.App. -Fort Worth 1991); see V.T.C.A., Penal Code, Section 22.011. We granted petitions for discretionary review filed by the Tarrant County District Attorney and the State Prosecuting Attorney to determine whether the Court of Appeals correctly held that a single statement from appellants testimony, examined in isolation, raised the issue of the lesser included offense. We will reverse.