¶1OPINION ON MOTION FOR REHEARING
¶2On motion for rehearing, appellant complains the trial court erred when it refused to include his requested jury charge. At the conclusion of the guilt or innocence phase, appellant objected to the trial court’s jury charge and requested a charge for the possession of drug paraphernalia as a lesser included offense. Appellant argues possession of drug paraphernalia is a lesser included offense of possession of cocaine.
¶3Before a charge on a lesser included offense can be given, two requirements must be met. Lincecum, v. State, 736 S.W.2d 673, 678 (Tex.Crim.App.1987); Johnson v. State, 773 S.W.2d 721, 722 (Tex.App.—Houston [1st Dist.] 1989, pet. ref’d). First, the lesser included offense must be included within the proof necessary to establish the offense charged. Lincecum, 736 S.W.2d at 678. Second, there must be some evidence in the record that if the defendant is guilty, he is guilty of only the lesser offense. Id.; Royster v. State, 622 S.W.2d 442, 447 (Tex.Crim.App.1981).
¶4While proving appellant possessed cocaine, the State also proved appellant possessed drug paraphernalia. Therefore, the lesser included offense of possession of drug paraphernalia was included within the proof necessary to establish the offense charge of possession of cocaine. However, there was no evidence presented at trial which showed that appellant, if guilty, was only guilty of the lesser included offense of possession of drug paraphernalia. Royster, 622 S.W.2d at 447. We note there is no conflicting evidence concerning an element of the greater offense (possession of cocaine), which is not an element of the lesser included offense of possession of drug paraphernalia, so that the trial court needed to give a charge on possession of drug paraphernalia. Id. at 446.
¶5Appellant’s motion for rehearing is overruled.
¶6The judgment is affirmed.