Crim. Proc. Ann. art. 37.09, § 1. We explain these three prongs of what we c the same or less evidence than that required to prove the elements as they are alleged for the charged offense, then the former may be a lesser-included offense of the latter. See Hayward, 158 S.W.3d at 478; Jacob, 892 S.W.2d at 908; see also Hernandez v. State, 819 S.W.2d 806, 813 (Tex.Crim.App. 1991) (“A charge on a lesser included offense must be given if the lesser included offense is necessarily included within the proof required to establish the offense charged....”). The elements of the lesser offense need be only functional equivalents of the elements of the charged offense. Hayward, 158 S.W.3d at 478; Jacob, 892 S.W.2d at 908; see also Bell v. State, 693 S.W.2d 434, 438-39 (Tex.Crim.App.1985) (<HOLDING>) (emphasis omitted). Thus, under the first two
holding that an unloaded gun used in the commission of an aggravated assault is a deadly weapon holding that counsel was not ineffective in failing to request a charge on the lesserincluded offense when the evidence showed either the commission of the completed offense as charged or the commission of no offense such that the defendant was not entitled to a charge on the lesser offense holding that where jury was instructed on both a greater offense and lesserincluded offense and the jury convicted on the lesserincluded offense the double jeopardy provision prohibited retrial on the greater offense holding in case in which defendant pleaded guilty to aggravated assault with a deadly weapon that same conduct could be used as element of offense and also serve as basis for deadly weapon finding holding that reckless conduct was lesserincluded offense of aggravated assault by threatening another with imminent bodily injury by use of deadly weapon because the danger of serious bodily injury in the lesser offense is necessarily established when a deadly weapon is used in the commission of an offense as required for the greater offense