Grotti v. State

OPINION

MEYERS, PRICE, WOMACK, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

On October 13, 2003, the state indicted appellant, Lydia Grotti, a former physician at John Peter Smith Hospital (JPS) in Fort Worth, for murder. 1 The indictment alleged that appellant caused the death of her patient, Lettie McGhee (McGhee) by occluding McGhee’s endotracheal tube (ET tube) with her finger. The jury acquitted Grotti of murder, but convicted her of the lesser-included offense of criminally negligent homicide, a state-jail felony. 2 The jury also found that appellant used her finger as a deadly…