Legal Opinion
Lomax v. State
Court of Criminal Appeals of Texas
Decided June 27, 2007No. PD-0944-06PublishedCited by 161 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · HerveyHervey, J.
in which KELLER, P.J., MEYERS, PRICE, KEASLER and COCHRAN, JJ., joined.
In this case, we decide that felony driving while intoxicated (felony DWI)1 can be the underlying felony in a “felony-murder” prosecution under Section 19.02(b)(3), Tex. Pen.Code, which, among other things, provides that a person commits murder if he causes a person’s death during the commission of a “felony, other than manslaughter.” 2
A jury convicted appellant of felony-murder and sentenced him, as an habitual offender with two prior felony convictions, to 55 years in prison. Viewed in the light most favorable to…
3Cases cited17 opinions
- Bouie v. City of ColumbiaSupreme Court of the United States · 1964
- Boykin v. StateCourt of Criminal Appeals of Texas · 1991
- Lugo-Lugo v. StateCourt of Criminal Appeals of Texas · 1983
- Awadelkariem v. StateCourt of Criminal Appeals of Texas · 1998
- Rogers v. StateCourt of Criminal Appeals of Texas · 2003
12 more not listed; retrieve them via the Exa API.
4Cited by161 opinions
- Bigon v. StateCourt of Criminal Appeals of Texas · 2008
- Celis, Mauricio RodriguezCourt of Criminal Appeals of Texas · 2013
- Grey v. StateCourt of Criminal Appeals of Texas · 2009
- Contreras v. StateCourt of Criminal Appeals of Texas · 2010
- Royerick Washington v. State, Texas Court of Appeals, 14th District (Houston)2013
156 more not listed; retrieve them via the Exa API.