Florio v. State

OPINION

DRAUGHN, Justice.

In a jury trial, appellant was convicted of injury to a child by omission and sentenced to sixty years confinement in the Texas Department of Corrections. We affirm the judgment of the trial court.

Appellant lived with Cherelyn McComb and her two and one-half year old son, David, for two years. During that time, the three lived as a family. Even in his statement to police following the baby’s death, appellant referred to Cherelyn as his wife. While Cherelyn worked, appellant cared for David. Cherelyn worked as a waitress on the night shift. She would leave for work…