Goad v. State, 333 S.W.3d 361

Goad convicted of burglary of a habitation with intent to commit theft; punished with 15 years’ confinement and a $2,500 fine; judgment reversed and remanded for new trial.
Goad and a friend approached Bickle’s residence seeking permission to search for a dog; permission denied, and a heated five-minute exchange followed.
Goad attempted to enter Bickle’s house through a rear window; he fled across the yard after she screamed.
Evidence showed Goad’s intent to commit theft was disputed; there was no clear evidence of tools or theft actually occurring.
Trial court refused Goad’s request for a lesser included offense instruction (criminal trespass); jury charged only with burglary."
The court held that a rational juror could find Goad guilty only of trespass based on the record, so the trial court erred by not giving the lesser-included-offense instruction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by denying a lesser included offense instruction.	Goad argues the evidence supports trespass as lesser offense.	State contends no affirmative evidence of trespass; no entitlement to instruction.	Issue sustained; court reverses and remands for new trial.

Rousseau v. State, 855 S.W.2d 666 (Tex.Crim.App. 1993) ( Establishes test for when lesser-included offenses should be charged)
Aguilar v. State, 682 S.W.2d 556 (Tex.Crim.App. 1985) (Affirmative evidence needed to raise lesser offense)
Bignall v. State, 887 S.W.2d 21 (Tex.Crim.App. 1994) (Requires consideration of all evidence to determine lesser-included instruction)
Gibbs v. State, 819 S.W.2d 821 (Tex.Crim.App. 1991) (State’s evidence of greater offense does not automatically entitle lesser instruction)
Young v. State, 283 S.W.3d 854 (Tex.Crim.App. 2009) (Precludes credibility determinations when reviewing evidence for lesser offenses)