Fleming v. State

McCORMICK, P.J.,

delivered a dissenting opinion, in which MANSFIELD, KELLER and KEASLER, JJ., joined.

I respectfully dissent. Appellant was charged with causing “serious bodily injury” to the complainant in a car accident involving two cars. The intoxicated appellant was the driver of one of the cars.

The Court of Appeals decided the evidence is legally insufficient to support the jury’s finding that the complainant suffered “serious bodily injury” as defined in Section 1.07(a)(46) of the Texas Penal Code. This complainant testified that he had torn cartilage and a severely jammed hand as a…