Darron Tray Moss v. State

Darron Tray Moss v. State

IN THE

TENTH COURT OF APPEALS

No. 10-98-001-CR

DARRON TRAY MOSS,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 82nd District Court

Falls County, Texas

Trial Court # 7047

OPINION ON REHEARING

Moss was convicted of murder. His second issue on appeal complained of the court’s failure to instruct the jury on the lesser included offense of criminally negligent homicide. Criminal negligence is a failure to perceive a substantial and unjustifiable risk. Tex. Pen. Code Ann. § 6.03(d) (Vernon 1994). We focused on the second prong of the Rousseau test: whether there was evidence Moss…