Bowen v. State (2012)
In Bowen v. State, 374 S.W.3d 427, 432 (Tex. Crim. App. 2012) the Texas Court of Criminal Appeals determined that there are instances when a court of appeals may modify a judgment and render a judgment of conviction for a lesser included offense when the court of appeals has found the evidence insufficient to support an appellant's conviction for a greater-inclusive offense.
This step may be taken even if the lesser included offense was not submitted to the jury. Id.