Martinez v. State

How courts have described this case

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

• recognizing that the offense of assault by causing bodily injury is a lesser-included offense of robbery if alleged to have been committed by causing bodily injury
• holding indecency with a child by exposing his genitals or by genital–anus “rubbing” is not lesser-included offense of sexual abuse of child by genital–mouth contact
• highlighting that each form of robbery, either robbery committed by causing bodily injury or by threatening imminent bodily injury, includes a form of assault, either by causing bodily injury or threat, as a lesser offense
• in turn, citing Mitchell v. State 543 S.W.2d 637 (Tex. Crim. App. 1976) (holding that aggravated robbery by threat does not include aggravated assault by causing bodily injury)
• “[A]n allegation of robbery by causing bodily injury would include the lesser offense of assault by causing bodily injury . . . .”
• in turn, citing Mitchell v. State 543 S.W.2d 637 (Tex. Crim. App. 1976) (holding that aggravated robbery by threat does not include aggravated assault by causing bodily injury)

Source: CourtListener parenthetical corpus (CC0).

Cited by

18 cases in this archive cite this case.

• Hall v. State
  Court of Criminal Appeals of Texas· 2007-05-09· cited 1,181×
• Bell v. State
  Court of Criminal Appeals of Texas· 1985-07-10· cited 312×
• Denton, Ex Parte William Charles
  Court of Criminal Appeals of Texas· 2013-05-22· cited 168×
• Tapley v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 1984-11-14· cited 24×
• Knott v. State
  Court of Appeals of Texas· 2017-02-10· cited 12×
• Hilliard v. State
  Court of Appeals of Texas· 1983-05-25· cited 9×
• Son Ae Gang v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 1998-12-29
• Roger Edward Martinez v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2009-09-09
• Jay Anthony Nottingham v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 2009-01-30
• Gerardo Marquez v. State
  Tex. App. Ct., 10th Dist. (Waco)· 1995-09-13
• Sherman Acquisition II LP v. William D. Graham
  Tex. App. Ct., 10th Dist. (Waco)· 2006-10-18
• Florentino Gomez Torrez, Jr. v. State
  Tex. App. Ct., 12th Dist. (Tyler)· 2006-07-19
• Hall, Aaron Junior
  Court of Criminal Appeals of Texas· 2007-05-09
• Garfias, Christopher
  Court of Criminal Appeals of Texas· 2011-06-29
• Joshua Edward Williams v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2014-06-10
• Arnulfo Jose Castillo v. State
  Tex. App. Ct., 11th Dist. (Eastland)· 2018-06-28
• Daniel William Mohler v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2020-10-15
• Roberto Hernandez v. the State of Texas
  Tex. App. Ct., 10th Dist. (Waco)· 2021-09-29

Cites

2 cases in this archive are cited by this case.

• Campbell v. State
  Court of Criminal Appeals of Texas· 1978-07-19· cited 68×
• Mitchell v. State
  Court of Criminal Appeals of Texas· 1976-12-01· cited 20×