Opinion
No. PD-0840-09
Delivered: February 10, 2010. DO NOT PUBLISH.
On State's Petition for Discretionary Review from the Eighth Court of Appeals, El Paso County.
EN BANC.
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-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.