Quintanilla, Oscar

• Court: Court of Criminal Appeals of Texas
• Decided: February 10, 2010
• Docket: PD-0840-09
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

No. PD-0840-09

OSCAR QUINTANILLA, Appellant

v.

THE STATE OF TEXAS

ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE EIGHTH COURT OF APPEALS EL PASO COUNTY

Per curiam.

OPINION

Appellant was charged with sexual assault of a child and convicted of the lesser

offense of attempted sexual assault of a child. The Court of Appeals reversed, finding that

there was no evidence that, if guilty, Appellant was guilty only of the lesser-included offense.

Quintanilla v. State, No. 08-07-00220-CR (Tex. App.–El Paso, February 26, 2009). The

State petitioned this Court for discretionary review.

When the Court of Appeals issued its opinion in this case, it did so without the benefit

of this Court’s recent opinion in Grey v. State, ___ S.W.3d ___(Tex. Crim. App. No. PD- 2

0137-09, delivered November 18, 2009). Therefore, we vacate the judgment of the Court of

Appeals and remand for that court to consider the effect of Grey, if any, on its reasoning and

analysis in this case.

En banc

Delivered: February 10, 2010

Do Not Publish