RANSIER, CHARLES ROBERT v. the State of Texas

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS

NO. PD-0289-20

CHARLES ROBERT RANSIER, Appellant

v.

THE STATE OF TEXAS

ON STATE=S PETITION FOR DISCRETIONARY REVIEW
FROM THE FOURTEENTH COURT OF APPEALS
COMAL COUNTY

KEEL, J., filed a concurring opinion, in which SLAUGHTER, J., joined.

CONCURRING OPINION

I agree with the majority; Appellant was not entitled to an instruction on attempted

tampering by concealment because, while there was testimony both that he concealed the

syringe and tried to conceal it, there was no evidence that he only tried to conceal it.

And I appreciate and endorse the majority’s narrowing of Bullock v. State, 509 S.W.3d

921 (Tex. Crim. App. 2016). But our caselaw on requiring lesser-included-offense

instructions on defense request is still muddled, and I would like to clear it up more
Ransier – Page 2

definitively. See Chavez v. State, 666 S.W.3d 772, 782 (Tex. Crim. App. 2022) (Keel,

J., concurring). Maybe someday we will. In the meantime, I join the majority’s step in

that direction.

Delivered: June 28, 2023

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