Grey v. State, 298 S.W.3d 644, 645 (Tex. Crim. App. 2009). See West v. State, No. 11-13-00298-CR, 2015 Tex. App. LEXIS 11224, at *5 (Tex. App.—Eastland Oct. 30, 2015, pet. ref'd) (mem. op., not designated with publication) (citing Grey, 298 S.W.3d at 645). The first step of our analysis is one of law. Hall, 225 S.W.3d at 535.
Even if Appellant had requested an instruction on indecency, the trial court would not have erred by refusing to give such an instruction. See West v. State, No. 11-13-00298-CR, 2015 WL 6681316, at *2-3 (Tex. App.—Eastland Oct. 30, 2015, pet. ref'd) (mem. op., not designated for publication); Shelby v. State, No. 14-01-00581-CR, 2002 WL 31426618, at * 2-3 (Tex. App.—Houston [14th Dist.] Oct. 31, 2002, pet. ref'd) (not designated for publication); Reyes v. State, No. 07-01-0427-CR, 2002 WL 31174934, at *4 (Tex. App.—Amarillo Oct. 1, 2002, pet. ref'd) (not designated for publication). We overrule Appellant's fifth issue.