Barrett, Dewey Dewayne ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-1362-18
DEWEY DEWAYNE BARRETT, Appellant
v.
THE STATE OF TEXAS
ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW
FROM THE TWELFTH COURT OF APPEALS
SMITH COUNTY
Per curiam.
ORDER
Appellant has filed a pro se petition for discretionary review. He complains about the court
of appeals’s holding that the trial court was not required to submit a requested lesser-included
offense instruction. In light of that petition, the Court grants the following grounds for review on
its own motion:
1. Did the court of appeals err in holding that misdemeanor assault by striking in the
face was not a lesser-included offense of family violence assault by impeding breath
or circulation?
2. Do multiple physical injuries inflicted in a single attack constitute separately
BARRETT - 2
actionable crimes of assault or are they part of a single assault?
3. Should Irving v. State, 176 S.W.3d 842 (Tex. Crim. App. 2005), be overruled in
light of other developments in our caselaw?
The Clerk of this Court will send copies of this order to the Court of Appeals for the
Twelfth District, the State Prosecuting Attorney, the District Attorney for Smith County, and
Appellant.
Entered: October 9, 2019
Do Not Publish