Jeri Dawn Montgomery v. State

Reversed and Rendered; Majority and Dissenting Opinions filed June 2, 2011.

In The

Fourteenth Court of Appeals

NO. 14-09-00887-CR

Jeri Dawn Montgomery, Appellant

v.

The State of Texas, Appellee

On Appeal from the 337th District Court

Harris County, Texas

Trial Court Cause No. 1182462

DISSENTING OPINION

The majority contends the evidence presented at trial is insufficient to sustain appellant’s conviction for criminally negligent homicide because the State offered no evidence to show: (1) an increased risk of traffic deaths due to cell phone usage; and (2) that such risk, if any, is generally known and…