v. State, 999 S.W.2d 779 (Tex.Crim.App.1999). We held that a court of appeals may reform a judgment of conviction to reflect conviction of a lesser included offense only if (1) the court finds that the evidence is insufficient to support conviction of the charged offense but sufficient to support conviction of the lesser included offense and (2) either the jury was instructed on the lesser included offense (at the request of a party or by the trial court sua sponte) or one of the parties asked for but was denied such an instruction. Id. at 782. We see no reason why these principles would not apply to this Court, particularly when we serve in our capacity as the “court of appeals” in the direct appeal of a death penalty case. See Bigby v. State, 892 S.W.2d 864, 874-75 (Tex.Crim.App.l994)(<HOLDING>). Accordingly, we hold that under Rule 78.1
holding that a remand should be limited to cases in which further action must be taken by the district court or in which the appellate court has no way open to it to affirm or reverse the district courts action under review holding the scope of appellate review of denial of a habeas petition limited to the issues on which coa has been granted holding that a statute providing for interlocutory appeals to be heard in the court where appellate jurisdiction may be vested by law means that this court has appellate jurisdiction over interlocutory appeals in cases where the sentence of life imprisonment or death may be imposed holding that appellate courts lack jurisdiction on direct appeal to review a trial courts refusal to hold an individual in contempt recognizing factual review limited by constitution to direct appellate courts which includes court of criminal appeals when serving as direct appellate court in capital cases in which death penalty has been assessed