RANSIER, CHARLES ROBERT v. the State of Texas

In the Court of Criminal
Appeals of Texas
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NO. PD-0289-20
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CHARLES ROBERT RANSIER,
Appellant
v.

THE STATE OF TEXAS

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On State’s Petition for Discretionary Review
From the Fourteenth Court of Appeals
Comal County
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YEARY, J., filed a dissenting opinion.
I dissent for the reasons stated in my dissenting opinion Chavez
v. State, 666 S.W.3d 772, 792 (Tex. Crim. App. 2023) (Yeary, J.,
dissenting) (“So long as the potential for doubt with respect to the
elevating element is not an irrational one based upon all the evidence
RANSIER – 2

that bears on the question, the jury’s potential response may well
provide a basis for the trial court to conclude that the defendant could
rationally be found ‘guilty only’ of the lesser-included offense. If so, then,
upon request for the instruction by either party, the lesser-included
offense has become ‘the law applicable to the case’ for purposes of
instructing the jury under the dictates of Article 36.14.”).

FILED: June 28, 2023
PUBLISH