to cover "different situations”). 20 . Because the jury convicted appellant of what was submitted as a lesser-included offense, even if it was not actually a lesser-included offense, the jury implicitly acquitted him of the charged offense of evading detention, and the State may not reindict appellant for that offense. See Tex.Code Crim. Proc. Ann. art. 37.14 (Vernon 2006) (“If a defendant, prosecuted for an offense which includes within it lesser offenses, be convicted of an offense lower than that for which he is indicted, and a new trial be granted him, or the judgment be arrested for any cause other than the want of jurisdiction, the verdict upon the first trial shall be considered an acquittal of the higher offense_”); Pope v. State, 509 S.W.2d 593, 596 (Tex.Crim.App.1974)
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 that failure to give lesserincluded charge of simple assault as lesserincluded offense of aggravated assault on police officer was reversible error holding that had trial counsel requested charge on lesserincluded offense of child molestation to charged offense of aggravated child molestation trial court would have been required to give the charge on the lesserincluded offense when defendant testified that during incident in question he was hugging the victims stomach not performing oral sex holding that guilty verdict in first trial on what was submitted as second lesserincluded offense despite its not having been lesserincluded offense as matter of law precluded subsequent prosecution for what had been charged as greater offenses in first trial holding that court of appealss remedy on remand from reversal for harmful charge error based on failure to meet second step of rousseau lesserincludedoffense test was to remand for a retrial for the lesser offense  because the jurys verdict that the appellant was guilty of the lesserincluded offense  operates as an acquittal of the greater offense  to which jeopardy had attached this prevents a retrial for the greater offense but not for the lesser offense