Juarez v. State

OPINION

in which KELLER, P.J., MEYERS, PRICE, WOMACK, JOHNSON, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

The confession and avoidance doctrine applies to the necessity defense.1 Therefore, a defendant must admit to the conduct — the act and the culpable mental state2 — of the charged offense to be entitled to a necessity instruction. Juarez’s testimony both admitted to and denied the culpable mental state; therefore, the trial judge erred in denying Juarez’s request for a necessity instruction. The court of appeals’s judgment3 is affirmed and we remand this case to the trial court.

Facts

Shortly…