670 S.W.3d 646
Tex. Crim. App.2023Background
- DPS Trooper Kral stopped Ransier at the side of the road; Ransier removed items from his truck at the trooper’s direction.
- Trooper Kral first observed Ransier making furtive movements with his right hand under the driver’s seat and could not initially see what was in the hand.
- After repositioning, the trooper saw a syringe; Ransier was trying to break the needle and shove the syringe under the seat.
- The trooper ordered Ransier to drop it; Ransier ignored commands, the trooper seized him, Ransier fell, and the broken syringe fell about two feet away. Bodycam recorded the encounter.
- Ransier was indicted for tampering with evidence (theories: altering/destroying/concealing the syringe). He requested a jury charge on the lesser-included offense of attempted tampering; the trial court denied the request and convicted him.
- The court of appeals held the evidence supported attempted tampering (focusing on concealment after the trooper saw the syringe); the Court of Criminal Appeals reversed, reasoning the record contained evidence that Ransier fully concealed the syringe before the trooper first saw it and that mere disbelief of inculpatory evidence cannot raise a lesser-included offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence raised the lesser-included offense of attempted tampering as to concealment | State: evidence showed concealment was completed; no lesser instruction required | Ransier: jury could find he only attempted to conceal (shoving under seat) | CCA: No — trooper testified Ransier fully concealed the syringe before it was seen, so evidence did not negate completed concealment; no lesser instruction warranted |
| Whether disbelief of inculpatory evidence alone can justify a lesser-included submission | State: Bullock/Chavez limit lesser submissions to cases with affirmative exculpatory evidence | Ransier: Bullock allows submission when jury could disbelieve evidence of a completed offense | CCA: Rejected Ransier; mere disbelief of inculpatory evidence is insufficient — must be affirmative evidence directly negating an element of the greater offense |
Key Cases Cited
- Bullock v. State, 509 S.W.3d 921 (Tex. Crim. App. 2016) (lesser-included submission requires evidence directly germane to the lesser; mere disbelief of inculpatory evidence is not enough)
- Chavez v. State, 666 S.W.3d 772 (Tex. Crim. App. 2023) (disbelieving inculpatory testimony does not equate to affirmative evidence negating an element of a greater offense)
- Cavazos v. State, 382 S.W.3d 377 (Tex. Crim. App. 2012) (requiring affirmative evidence that raises the lesser and rebuts the greater)
- Ritcherson v. State, 568 S.W.3d 667 (Tex. Crim. App. 2018) (when multiple theories are submitted, lesser-included must negate each theory elevating the offense)
- Rousseau v. State, 855 S.W.2d 666 (Tex. Crim. App. 1993) (framework for evaluating lesser-included offenses)