Babers v. State

MAJORITY OPINION

SEARS, Justice.

Appellant, Patrick Wayne Babers, appeals his conviction for the offense of injury to a child by omission. Tex.Penal Code Ann. § 22.04 (Vernon 1989). The jury found appellant guilty and assessed punishment at 85 years in the Institutional Division of the Texas Department of Criminal Justice and a fine of $10,000.00. We affirm.

On September 29, 1989 at 8:50 a.m., Michael Thomas, a paramedic, was dispatched to an apartment in response to a 911 call. Thomas found a five-month old male infant, D.W., lying on the living room floor. The baby had second degree bums over…