Michael Wayne Goodin v. State Texas Book Reviews

Michael Wayne Goodin v. State Texas by Court of Criminal Appeals of Texas No. 540-87 Book Summary

Opinion ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW Appellant was convinced by a jury of the offense of murder. The jury
assessed punishment at confinement in the Texas Department of Corrections for forty three years. Appellant appealed to the
Fort Worth Court of Appeals, and the conviction was affirmed. Goodin v. State, 726 S.W.2d 956 (Tex.App. - Fort Worth 1987).
Appellant petitioned this Court for discretionary review to determine whether the court of appeals improperly held that the
trial court properly refused appellant's requested jury instructions on aiding a suicide, conspiracy to commit murder and
mistake of fact. We have reviewed the decision of the court of appeals and find that the proper result was reached. We do not, however, agree
with the Court of Appeals' language indicating that the determination of whether an instruction on a lesser included offense
should be based on whether the lesser included offense has elements not required for the primary offense. See generally, Cunningham
v. State, 726, 697 S.W.2d 151 (Tex.Cr.App. 1987); Day v. State, 532 S.W.2d 302 (Tex.Cr.App. 1976). We therefore disclaim the
language in the court of appeals' opinion which conflicts with Cunningham and Day, supra.

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