In Re Ikon Midstream, LLC and Rhett Kenagy v. the State of Texas

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that theft of services is not a lesser-included offense of armed robbery because they have different “operative ingredient[s] -- deception in the one case, the threat of immediate bodily injury in the other”
• holding defendant indicted for armed robbery not entitled to instruction on theft of services, such offense constituting neither lesser-included offense nor lesser related offense but separate uncharged harm
• “A defendant should not be allowed to alter the State’s trial strategy by admitting the commission of an unrelated, less serious offense, and then having the court charge the jury, over the State’s objection, that it can return a verdict on that offense”

Source: CourtListener parenthetical corpus (CC0).