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.results_row { 22 0 obj Scott Walker ( Republican Party) is a judge for Place 5 of the Texas Court of Criminal Appeals. Incidentally, even under Almanza, egregious harm surely exists where a jury convicts a defendant of a felony upon evidence that constitutes only a misdemeanor. background-color: grey; background-color: #f9d334; Citizens of HD 5 deserve a working State Representative who will go far beyond canned talking points, a political fool-a-crowd mentality, pay attention to the serious issues facing Texas, and step up with integrity to represent the people not the Austin Swamp. A jury convicted appellant of felony Driving While Intoxicated (DWI). Gordon Goodman The court of appeals rejected this claim and found no error in the jury charge.1 We granted review to resolve a conflict in the courts of appeals concerning whether the jury charge should include instructions directing the jury to find the jurisdictional element of two prior DWI convictions satisfied based on a defendant's formal written stipulation.2 We hold that the jury should be instructed about the existence and effect of a defendant's stipulation to the two jurisdictional prior DWI convictions. And when it comes to ending medical child abuse the sex change butchery and chemical sterilization of little children Warren Norred will be a strong fighter for these kids and will back down to no one. State Senator District 3. We know Nathaniel Moran to be a humble man of virtue and a listener, but we are also confident he will not bend to political pressures from the Swamp. The current officeholder, just appointed by Gov. 14. The Court granted the State's third ground of review which asked: Is an officer in a public place not in a lawful place under a plain view analysis merely because a Fourth Amendment violation occurred? 5 (r) pct. Source. He assumed office on January 1, 2017. The two Republicans will face each other in the March 1, 2022 Primary, with Election Day on November 8, 2022. /Height 3287/Filter[/CCITTFaxDecode]/Type/XObject/Length 29784>> .race_header.green { display: block; endobj .votebox-scroll-container { Mark Dorazios long record of laboring in the conservative grassroots trenches assures us that he will work his heart out to save Texas from Leftist wolves and the establishment Republicans who enable them. .indicate_scroll { Copyright 2023, Thomson Reuters. 504-310-7700 600 S. MAESTRI PLACE, Suite 115 NEW ORLEANS, LA 70130 December 13, 2022 MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW Regarding: Fifth Circuit Statement on Petitions for Rehearing or Rehearing En Banc No. color: #888; text-align: left; x]Kn0Of. margin-top: 16px; position: absolute; Court Tamez, 11 S.W.3d at 201-02; Hollen v. State, 117 S.W.3d 798, 800 (Tex.Crim.App.2003). He used his legal and medical expertise to build companies in Texas, including a biomedical plant to create jobs and secure our future from China and other foreign suppliers. 183 0 obj
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Dr. Spiers was a cardiac surgeon. JoAnn Fleming, Executive Director, Board of Directors: Up front, this endorsement is NOT about secession. 2022 Texas Criminal Appeals Court Place 5 Election Results Election Date: Nov. 8, 2022 | Updated 12:01 PM EST Nov. 30, 2022 Criminal Appeals Court - Place 5 99.69% Est. The reputation of the GLO has been severely tarnished in recent years. if(document.getElementsByClassName("reference").length==0) if(document.getElementById('Footnotes')!==null) document.getElementById('Footnotes').parentNode.style.display = 'none'; .courts-container { background-color:#fcfcfc; width:100%; border:1px solid black;padding:5px;text-align:center;clear:both; } There are three races this year, but Place 2 Judge Mary Lou Keel, a Republican, is running unopposed. This approach appears consistent with that taken by the trial judge who noted at the hearing on the motion to suppress that the drugs at issue were not discovered by a search nor recovered by State action. Judge Sarah Beth Landau If you are a candidate and would like to tell readers and voters more about why they should vote for you. Long recognized as one of the most conservative members of Congress, Louie has strongly represented TX Congressional District 1 in DC since 2005. Nonetheless, we need not remand this case to the court of appeals to re-review the record.23 In this Court, appellant recognizes the applicability of Almanza to this unobjected-to jury-charge error and more than half of his Brief addresses the issue of egregious harm under Almanza. Texas voted Republican in all six presidential elections between 2000 and 2020. .race_footer { His cyber security expertise as a Lt. The jury sentenced appellant to three years' imprisonment, but also recommended that he be placed on community supervision. Jon is an Army veteran and still volunteers to help our veterans. font-weight: bold; Grassroots America confidently and strongly endorses RepublicanNathaniel Moran for Congress in the race for US Representative, Congressional District 1. Court of Criminal Appeals Place 5 is the highest court in Texas for criminal cases. Texas Patriots PAC recommends the election of Clint Morgan for the Texas Court of Criminal Appeals - Place 5. Clint is Board Certified in Criminal Appellate Law by the Texas Board of Legal Specializationa designation held by only 131 lawyers in all of Texas. In Tamez v. State,4 this Court held that a defendant is entitled to stipulate to the two jurisdictional prior DWI convictions in a felony DWI trial and thereby prevent the State from offering otherwise admissible evidence of those convictions.5 This offer to stipulate is one that the State may not refuse. Gina Benavides, Jerry Zimmerer background-color: #ccc; The trial judge may give whatever other limiting instructions are appropriate under the circumstances. I agree with the Court that the court of appeals erred to reverse the trial court's ruling on Thus, we will not address the State's contention that appellant is estopped on appeal from claiming any error in the jury charge under Prystash v. State, 3 S.W.3d 522 (Tex.Crim.App.1999). margin-bottom: 4px; 4. The results have been certified. 17. WebMcMaryions extensive criminal history, generated a Guidelines range of 262 to 327 months in prison. It was therefore unnecessary for the trial court to include in the jury's instructions any issue regarding the stipulated prior convictions.21, The law that applies to any felony DWI offense includes the jurisdictional element of two prior DWI convictions. Appellant correctly states that, when conducting a harm analysis under Almanza, the reviewing court considers the following four factors: (2)The state of the evidence, including contested issues and the weight of the probative evidence; (4)Any other relevant information revealed by the record of the trial as a whole.24. Prior to taking the bench, his law practice consisted of criminal Furthermore, the trial judge did not charge the jury that, in order to find him guilty of a felony DWI, it must first find that he had been convicted of two prior DWI offenses. Voters Guide: Texas Judge, Court of Criminal Appeals, Place Wayne Allen is a principled, veteran law enforcement officer and brings the credentials needed to restore confidence in and rebuild a reputation of honesty and integrity in the Precinct 2 Constables office. Collectively, Trump won these Pivot Counties by more than 580,000 votes. width: 350px; PD-0645-05, 2006 WL 1162091, at *3, 2006 Tex.Crim.App. WebCourt of Criminal Appeals, Place 5 | Court of Criminal Appeals, Place 6 | State Board of Education District 4 | State Board of 14th Court of Appeals, Place 2 | Justice, 14th Court of Appeals, Place 9 | 122nd District Court Judge | District Attorney | County Judge | Justice of the Peace, Pct. font-size: 2em; Webin the court of criminal appeals . With four of the five seats on the Smith County Commissioners Court turning over this election cycle, Fritz Hagers business skills and experience are greatly needed. Replacing consistently strong conservative Louie Gohmert in Congress is a tall order a critically serious matter given the unstable state of our nation and the restoration of liberty that will be necessary once Republicans regain a majority. Jim Pikl and William Johnson advanced to a runoff. Judge (not designated for publication)). 88 0 obj We are also deeply grateful to Don Huffines and Chad Prather who have long aimed a bright spotlight of truth on the mess Abbott has made, while bringing forth bold solutions. It is incumbent upon the State to ensure that the trial court's jury charge conforms to the offense for which it seeks conviction. } Electing Terri will put a first-rate warrior on the front lines to fight against radical Leftists and the Rinos who enable them.. 6. Mary Lou Keel is running unopposed for the Place 2 seat. } It is not the defendant's duty to object to the jury charge so that it conforms to the State's indictment. The district court (Junell, J.) } border-bottom: 1px solid grey; padding-left: 10px; The terms of 20 Texas intermediate appellate court judges expired on December 31, 2022. .non_result_row div { Daniel Miller has a solid working knowledge on Cultural Marxism, the dangers of social emotional learning pushed in public schools, the dangers to parental rights and children posed by state mental health policies, our unsecured border, legislative failures on election integrity and ballot security, imperiled states rights, how AOC green energy is at work in Texas, and the dangers to liberty from government overreach coming from the Governors Office and Washington DC. Endorsement Statement for Fritz Hager for Smith County Commissioner. stream at 520 (citing State v. Bishop, No. We strongly urge conservatives in SD 24 to get on board with. margin-right: 10px; I agree with the Court that the court of appeals erred to reverse the trial court's ruling on Appellant's motion to suppress. 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Warren has a record of fighting government tyranny and vaccine mandates. the jury is still required to be properly charged on the applicable law and properly have the law applied in an application paragraph regarding the two prior DWI convictions in order to properly convict Appellant of the felony DWI offense. 504-310-7700 600 S. MAESTRI PLACE, Suite 115 NEW ORLEANS, LA 70130 December 13, 2022 MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW Regarding: Fifth Circuit Statement on Petitions for Rehearing or top: -5px; Jaime Tijerina It has simultaneously both the smallest Court Please try again. As a result, while we did what we were supposed to do in order to keep that information from coming before the Court, the State did not do what it was required to do. There is no evidentiary dispute that appellant had previously been convicted of two prior DWI offenses. State Senator judge .votebox-results-cell--check { .results_row td:first-child { 18. .non_result_row { Erin Nowell advanced from the Democratic primary for Texas Fifth District Court of Appeals Place 5 on March 6, 2018. .results_row.winner { .votebox-results-cell--number { Russell A. Steindam Courts Building. WebAbout Judge Scott Walker Re-Elect Judge Scott Walker for the Court of Criminal Appeals, Place 5 Judge Scott Walker currently serves on the Texas Court of Criminal Appeals, Ajua is an energetic grassroots activist working for conservative and traditional values. She is committed to restoring classical academics, protecting parental rights, and advancing career and technical education for those students who are not college-bound. Ajua is strongly opposed to Critical Race Theory and believes Texas schools should resist radical Cultural Marxist indoctrination. .non_result_row th { Finally, Marty is a good, decent, likable servant leader with a sense of humor and a deep Christian faith. Godspeed to them both. Vote for a proven fighter to defend life, families, and liberty from the radical Left and their Rino enablers. Thomas Baker (Note: This is an open seat due to incumbent George P. Bush running for Attorney General.). Julie Countiss JoAnn Fleming, Executive Director: Grassroots America strongly endorses Raul Reyesfor the TX Senate because Raul is no political insider or game-player. .mw-content-ltr td.votebox-results-cell--text, It is therefore way past time for sweeping new leadership, time to elect patriots that are pledged to the principles of Liberty and are publicly and explicitly committed to executing the Partys priorities full strength. The purpose of this dual endorsement is to emphasize that two very strong, principled, longtime grassroots leaders are imminently more capable of saving Texas from Leftist Wolves, Rinos, and DC than is incumbent Dan Patrick. He does not support toll road schemes where the tolls never come off the road when it is paid for, where profits are privatized, and costs are socialized (taxpayers on the hook for failed tolled companies and debt). 2013). The results have been certified. One way is to include the specific indictment allegations of the two prior DWI convictions in the application paragraph with a separate paragraph stating that the defendant has stipulated to the existence of those two prior convictions, thus that jurisdictional element has been established. Scott Walker (Texas padding-bottom: 8px; 11. Richard Hightower 972-548-3850 (McKinney) 972-424-1460 ext. In that case, we regarded the plain view doctrine not as an exception to the warrant requirement but rather as a recognition that a defendant lacks any expectation of privacy in an object in plain view of the public.11 As such it would provide an independent justification for the seizure in this case rather than an exception to the application of the exclusionary rule.12 As we explained in Walter, [t]he Supreme Court has explained that the plain view doctrine is not really an exception to the warrant requirement because the seizure of the property in plain view involves no invasion of privacy and is presumptively reasonable.13 If Appellant had no expectation of privacy in the area in which the drugs were found, there is no reason to address whether attenuation renders the exclusionary rule inapplicable.14. R. App. padding-bottom: 7px; Peter Kelly, Bonnie Sudderth padding-left: 8px; 19. Appellant argues that-although he had stipulated to two prior DWI convictions before trial and asked that the prosecutor be forbidden from reading either the jurisdictional indictment paragraphs or the stipulation to the jury-the court's charge should have required the jury to find that he had two prior DWI convictions before it could convict him of felony DWI. Warren comes from the grassroots trenches and like us is fed up with pale, weak Republican leadership in Austin that bows down to Democrats (the legislative minority)! He is infuriated that Republican leadership allowed criminal penalties for voter fraud to be reduced from a 2, His heart is with TX and her people not Austin elites! at 803 (Holcomb, J., concurring); Robles v. State, 85 S.W.3d 211, 214 (Tex.Crim.App.2002) (Womack, J., concurring) (noting that the specifics of the prior DWI convictions are evidentiary matters, the jurisdictional element is that the person has previously been convicted (2) two times of any other offense relating to the operating of a motor vehicle while intoxicated). JAMES CALVIN MASSEY v. THE STATE OF TEXAS. The Texas Land Commissioner is a service job requiring a proven leader like Dr. Jon Spiers. } color:white; When Texas needed courageous fighters to step up, they answered the call, running to the front of the battle. Appellant is correct. JoAnn Fleming, Executive Director: We are confident Warren Norred is the bold leader we need in the Texas Senate. If he wishes to stipulate to those prior convictions and take that factual element away from the jury, then he cannot later complain that his trial was fundamentally unfair because the jury did not have an opportunity to decide that uncontested element. Walter, 28 S.W.3d at 541 (citing Texas v. Brown, 460 U.S. 730, 738-39 (1983). 21 0 obj Matt is accessible to grassroots leaders and has many times assisted in removing dangerous language from legislation. Ken Molberg Mr. Hager is an advocate for restraining the size and cost of county government and gave numerous, specific examples of ideas he wishes to initiate to improve county services while reducing the cost of operations. } 504-310-7700 600 S. MAESTRI PLACE, Suite 115 NEW ORLEANS, LA 70130 LYLE W. CAYCE CLERK March 23, 2023 #1038609 Mr. Donald Foster CID J. Dale Wainwright Unit 2665 Prison Road 1 Lovelady, TX 75851-0000 No. WebCounty Court at Law 5. Erin Nowell defeated incumbent Craig Stoddart in the general election for Texas Fifth District Court of Appeals Place 5 on November 6, 2018. Luz Elena Chapa Chari Kelly endstream Unlike Abbott, West will not continue to dump escalating funds into an educational system permeated with Leftist ideology that corrupts and breaks children. He is a nurse by profession with a Master of Science degree who served in both Operation Iraqi Freedom and Operation Enduring Freedom, attended the Command General Staff College, and culminated his military career as Director of the Army Surgical Technology program, Joint Base San Antonio. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. } } Texas needs a principled, strategic disrupter a bold painter to write freedom on the hearts of Texans all Texans in a language they can understand. Jim Pikl defeated William Johnson in the Republican primary runoff for Texas Fifth District Court of Appeals Place 12 on May 22, 2018. margin-top: 0px; at 405 & n. 1 (Cochran, J., concurring). She has long fought to end radical indoctrination of school children while fighting for pro-life and religious liberty legislation, for banning sex change procedures in children, for marriage as defined by God, for banning the use of foreign laws in American Courts, and for securing our Texas Electric Grid. float: left; Ballotpedia does not curate or endorse these articles. 1983 TRO motion as moot because the Texas Department of Criminal Justices United States Court of Appeals FIFTH CIRCUIT OFFICE OF THE CLERK TEL. JoAnn Fleming, Executive Director, Board of Directors: We are proud to endorse practical, commonsense conservative John Moore for Smith County Commissioner Precinct 2. Ken Molberg defeated Jim Pikl in the general election for Texas Fifth District Court of Appeals Place 12 on November 6, 2018. Abbott in November 2021, has never served as a judge. .votebox_legend { padding-bottom: 3px; Texas Fifth District Court of Appeals - Ballotpedia Walter, 28 S.W.3d at 544 (holding that officer lawfully viewed marijuana in the defendant's car pursuant to a valid investigatory detention); see also Massey, 648 S.W.3d at 513 (holding that the investigatory detention in this case was not unduly prolonged). padding-bottom: 0px; background: #4c4c4c; We confidently and strongly endorse Keith Self for Congress to replace incumbent Van Taylor as the US Representative for TX Congressional District 3. height: 50px; But I would uphold the trial court's denial of the motion to suppress on a more direct basis. Stay up-to-date with how the law affects your life. } This is neither warranted by precedent or fair in our system of justice. While the defendant did stipulate to them, it was never offered to the Court as evidence by the State. text-align: center; [3], In 2022, the associate judges of the court received a salary of $178,400, according to the National Center for State Courts.[6]. 1. background-color: #6db24f; Although Appellant had stipulated before trial that he had been previously convicted of two DWI offenses, this stipulation was not entered into evidence until the punishment phase of the trial. padding-left: 0; Paid for by the Republican Party of Texas and not authorized by any candidate or candidate's committee. Source. 16. Uniquely qualified to serve as judge of this Court, she has spent her entire career (25 years) handling family law and misdemeanor criminal cases, which is what the judge of this court will oversee. Experience and Skills Court Click here to contact us for media inquiries, and please donate here to support our continued expansion. Perry, his record leaves no doubt about his commitment to the Constitution, the rule of law, and the right of all Texans to an honest, competent, and impartial judiciary. Free Enterprise A jury charge must distinctly set forth the law applicable to the case and set out all of the essential elements of the offense.7 This requirement includes jurisdictional elements. } .race_header { An originalist in the mold of US Supreme Court Justices Thomas and Alito, when Clint interprets the Constitution or a law, he respects its original meaning and does the arduous work of digging out the legal history from original sources. This separate paragraph would also instruct the jury to find that the jurisdictional prior convictions may not be used for any other purpose in determining the guilt of the defendant on the charged occasion. WebTexas Court of Criminal Appeals, Judge - Place 5. Texas Secretary of State Official Results, United States congressional delegations from Texas, https://ballotpedia.org/wiki/index.php?title=Texas_Fifth_District_Court_of_Appeals&oldid=9125459, Pages using DynamicPageList3 parser function, Pages with non-numeric formatnum arguments, Pages using DynamicPageList3 dplreplace parser function, Conflicts in school board elections, 2021-2022, Special Congressional elections (2023-2024), 2022 Congressional Competitiveness Report, State Executive Competitiveness Report, 2022, State Legislative Competitiveness Report, 2022, Partisanship in 2022 United States local elections. A: I currently hold the position of Judge on the Texas Court of Criminal Appeals, Place 5. Her deep Christian faith, integrity, organizational skills, practical experience as an educator and public policy advisor to legendary conservative Eagle Forum, and her many years of working with the legislature and statewide officials have well-prepared Trayce for the Office of Lt. AUSTIN, TX Governor Greg Abbott has appointed Jesse McClure, III as a Judge of the Court of Criminal Appeals, effective January 1, 2021, for a term set to expire on December 31, 2022, or until his successor shall be duly elected and qualified. sentenced him at the United States Court of Appeals Fifth Circuit March 28, 2023 Lyle W. Cayce Clerk Case: 21-50450 Document: 93-1 Page: 1 Date Filed: 03/28/2023 text-align: center; Both are subject matter experts on issues that are important to saving Texas from the rabid Left and from the rampant establishment cronyism that makes government officials (in both parties) and lobbyists wealthy while making life harder for families and owners of small businesses. And if that Governor refuses to listen, you can be SURE that Louie Gohmert will fight that Governor to save you from tyranny! Just as we would not expect a child who had been grounded for two weeks to remind his parents of the term of punishment when granted a reprieve after one week, we should not expect a defendant to participate in furthering his demise by voicing objection to an instruction that works in his favor. This Texas-related article is a stub. The majority makes Appellant responsible for objecting to a jury charge which benefited him so that the trial court could instruct the jury on how to convict him of a greater offense. 13. Unlike Abbott, West will not use our tax dollars to welcome in corporate cultural wolves that savage families and Texas values with Woke-ism. Between legislative sessions, Trayce speaks out on these issues as well as warning about Big Government-fed cultural and fiscal attacks on Texas families. The State may request what it deems is the correct jury charge, but it is not our duty to bail it out when the trial court mistakenly submits a jury charge that works to the advantage of a defendant. font-style: italic; Incumbent Craig Stoddart advanced from the Republican primary for Texas Fifth District Court of Appeals Place 5 on March 6, 2018. Leslie Lester Osborne advanced from the Democratic primary for Texas Fifth District Court of Appeals Place 13 on March 6, 2018. Dont take a chance! Ballotpedia features 408,463 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. We know Rachel Hale will never fold nor retreat from battling the corrupt Austin political swamp and the socialist wolves among us. james calvin massey, appellant. This is an injustice to our State Constitution and its protections for Texans liberties, which are NOT to be suspended during proclaimed emergencies. padding-top: 3px; Robert D. Burns III defeated incumbent Douglas Lang in the general election for Texas Fifth District Court of Appeals Chief Justice on November 6, 2018. Tough times call for hard as nails principled leaders. } FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. JoAnn Fleming, Executive Director, Board of Directors: We strongly endorseWayne Allen for Constable Smith County Precinct 2. State v. Betts, 397 S.W.3d 198, 203 (Tex. } We would steal him if we could!. For his consistent, principled and courageous stand for saving lives and resisting Austin Groupthink, StateSenator Bob Hallhas earned our strong endorsement for re-election. The trial court can instruct the jury about the stipulated prior convictions in any of several different ways. The forty-three seats are up for partisan election on November 5, 2024. } Copyright 2020 - The Republican Party of Texas - All Rights Reserved. Social Conservatism WebThe Texas Court of Criminal Appeals ( CCA) is the court of last resort for all criminal matters in Texas. You can trust Terri Leo-Wilson to take her record of fighting Critical Race Theory and liberal indoctrination from the State Board of Education to the Texas House. While no justice older than 74 may run for office, sitting justices who turn 75 are permitted to remain on the court until their terms expire. The Texas Supreme Court Building houses the Texas Court of Criminal Appeals. The Texas Court of Criminal Appeals (CCA) is the court of last resort for all criminal matters in the State of Texas, United States. The Court, which is based in the Supreme Court Building in Downtown Austin, is composed of a Presiding Judge and eight judges. The fast-tracking of their pet, special interest legislation that has absolutely nothing to do with the priorities of the people. JoAnn Fleming, Executive Director: We strongly endorse Sara Maynard for Smith County Court at Law #3. Although no judicial experience is required by the Texas Constitution, we believe Texas now more than ever needs clear-eyed bench experience and a thought leader like Justice Schenck who is laser-focused on independent and impartial justice., A constitutional conservative, Clint Morgan is known to be a man of the highest character. color: #0645ad; The link below is to the most recent stories in a Google news search for the terms TexasFifthDistrictCourtAppeals. Such prejudice might otherwise occur if the jury misused the evidence of two (or more) prior convictions-admissible only to prove felony jurisdiction-in determining his guilt of the present, charged DWI offense.6 Thereafter, Tamez spawned a cottage industry of subsidiary issues, the most recent of which is the present question of whether it is error to omit any reference to the jurisdictional prior convictions in the jury charge when the defendant has stipulated to those convictions. } JAMES CALVIN MASSEY, Appellant v. THE STATE OF TEXAS. The filing deadline is December 11, 2023. Nora Longoria 1 of 32 Texas Court of Criminal Appeals, Place 6 Justice Michael Keasler merits another term. top: -1px; margin-bottom: -2px !important; padding-bottom: 8px; .inner_percentage.Democratic { on states petition for discretionary review . It has simultaneously both the smallest Court of Appeals' jurisdictional geographic size (only six counties, one of which is shared with another Court), and the largest composition (13 Justices). Learn more about FindLaws newsletters, including our terms of use and privacy policy. Unlike Fallon,Dan Thomaswont find himself under scrutiny for alleged violations of the 2013 STOCK Act, a law to prevent insider trading by Congressional lawmakers. I know of no authority which places the onus on the defendant to object to jury charge error that benefits him by outlining the elements for a lesser offense.