Darrell Wayne Bell v. State, 12-15-00022-CR

Darrell Wayne Bell was convicted of Continuous Sexual Abuse of a Young Child (Tex. Penal Code §21.02) based on multiple alleged acts spanning more than 30 days; the indictment alleged specific instances constituting Indecency with a Child and Aggravated Sexual Assault.
On appeal, Bell argued trial counsel was ineffective for failing to request jury instructions on lesser-included offenses (Indecency with a Child and Aggravated Sexual Assault).
At trial, the victim L.K. testified to multiple incidents; appellant points to perceived inconsistencies in that testimony as the basis for asking a lesser-included instruction.
The State concedes those two offenses are lesser-included offenses under the first Hall prong but argues the evidence does not support submission under the second prong.
The State contends the record contains no evidence "directly germane" to a theory that would allow a rational jury to convict only of a lesser offense and that credibility disputes cannot by themselves justify a lesser-included instruction.
The State further argues that, even if a lesser instruction were warranted, the silent trial record precludes finding counsel deficient under Strickland because counsel’s strategic reasons (if any) are unknown.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial counsel was ineffective for not requesting lesser-included-offense instructions	Bell: counsel was ineffective because inconsistencies in victim testimony could have led jury to convict only on lesser offenses	State: lesser offenses are not supported by evidence directly germane to them; credibility disputes alone won't warrant an instruction; record silent as to counsel's strategy	The State urges: no ineffective assistance—lesser-included instruction not warranted by evidence; alternatively, record insufficient to show deficient performance under Strickland

Strickland v. Washington, 466 U.S. 668 (establishes two-prong ineffective-assistance standard)
Hall v. State, 225 S.W.3d 524 (Tex. Crim. App. 2007) (two-part test for lesser-included-offense instruction)
Rice v. State, 333 S.W.3d 140 (Tex. Crim. App. 2011) (evidence must permit rational jury to find defendant guilty only of lesser offense)
Goad v. State, 354 S.W.3d 443 (Tex. Crim. App. 2011) (courts must not consider credibility disputes when deciding whether to submit lesser-included offense)
Banda v. State, 890 S.W.2d 42 (Tex. Crim. App. 1994) (same principle regarding credibility)
Ex parte Thompson, 179 S.W.3d 549 (Tex. Crim. App. 2005) (if instruction not warranted, counsel not ineffective for failing to request it)
Ex parte Zepeda, 819 S.W.2d 874 (Tex. Crim. App. 1991) (rare circumstances where direct-appeal record can show ineffective assistance)