Soliz, Jeffery Jay, 353 S.W.3d 850

Appellant Soliz was indicted for continuous sexual abuse of a young child (Jessica's Law).
Aggravated sexual assault was submitted to the jury as a lesser-included offense without objection.
The jury found Soliz not guilty of continuous sexual abuse but guilty of aggravated sexual assault.
Soliz challenged the procedure, arguing §21.02(e)(3) requires the jury to determine, as a preliminary matter, whether a submitted offense is a lesser-included offense.
The court of appeals affirmed the conviction, and the Texas Court of Criminal Appeals granted discretionary review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does §21.02(e)(3) require a jury trial on whether a submitted offense is lesser-included?	Soliz—jury must decide if lesser offense is contained within the charged offense.	State—not required; judge decides if offense is lesser-included and submitted accordingly.	No; statute ambiguous; not required to separate-jury determination.
What is the meaning of 'considered by the trier of fact to be' in §21.02(e)(3)?	Soliz asserts it alters jury deliberation and requires a formal finding by the jury.	State argues it simply ensures the offense is actually submitted and considered by the jury.	Ambiguous language; construed to mean the offense must be submitted and found true by the jury.
What is the legislative purpose of §21.02(e)(3) and its relation to the lesser-included offense rule?	Soliz views the provision as creating an anti-carving exception to the ordinary lesser-included rule.	State contends the provision prevents carving out discrete offenses and preserves proper charging structures.	Statute aims to prevent carving-out of discrete offenses and to preserveproper submission and consideration of lesser-included offenses.

Hall v. State, 225 S.W.3d 524 (Tex. Crim. App. 2007) (analyzed lesser-included offenses and Hall analysis)
Collier v. State, 999 S.W.2d 799 (Tex. Crim. App. 1999) (discussed related concerns in prior precedent)
Dixon v. State, 201 S.W.3d 731 (Tex. Crim. App. 2006) (referenced in context of legislative history and statutory interpretation)