Legal Opinion

Wasylina v. State

Court of Criminal Appeals of Texas

Decided January 28, 2009No. PD-0519-07PublishedCited by 61 opinions

1Opinion of the CourtKeller, P.J.

in which PRICE, WOMACK, JOHNSON, HOLCOMB, and COCHRAN, JJ., joined.

The court of appeals held that the evidence was legally insufficient to support appellant’s conviction for criminally negligent homicide because the evidence showed only that appellant acted recklessly. We hold that proving the greater culpable mental state of recklessness necessarily proves the lesser culpable mental state of criminal negligence, and we therefore reverse the judgment of the court of appeals.

I. BACKGROUND

Appellant was indicted for the offense of manslaughter. He pleaded “not guilty,” and the case was tried to…

2Cases cited5 opinions

  1. Hampton v. StateCourt of Criminal Appeals of Texas · 2005
  2. Hampton v. StateCourt of Criminal Appeals of Texas · 2003
  3. Jacob v. StateCourt of Criminal Appeals of Texas · 1995
  4. Saunders v. StateCourt of Criminal Appeals of Texas · 1995
  5. Anthony Wasylina v. State, Texas Court of Appeals, 12th District (Tyler)2007

3Cited by61 opinions

  1. Grey v. StateCourt of Criminal Appeals of Texas · 2009
  2. Contreras v. StateCourt of Criminal Appeals of Texas · 2010
  3. Schmidt v. StateCourt of Criminal Appeals of Texas · 2009
  4. William Gilmore v. State, Texas Court of Appeals, 2nd District (Fort Worth)2012
  5. Dixon v. State, Texas Court of Appeals, 1st District (Houston)2011

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