Legal Opinion · Concurrence

Celis, Mauricio Rodriguez

Court of Criminal Appeals of Texas

Decided May 15, 2013No. PD-1584-11, PD-1585-11Published

1Concurrence

COCHRAN, J.,

filed a concurring opinion, which WOMACK, and JOHNSON, JJ„ joined.

I agree that the offense of falsely holding oneself out as a lawyer contains only one culpable mental state, the intent to obtain an economic benefit.1 I also agree that the trial judge did not err by instructing the jury on the definition of “foreign legal consultant.” But I do, however, respectfully disagree with the plurality that appellant “was not entitled to an instruction on a mistake-of-fact defense because his requested instruction did not negate the culpability required for the offense.”2 If appellant had…

2Cases cited41 opinions

  1. Morissette v. United StatesSupreme Court of the United States · 1952
  2. United States v. ScottSupreme Court of the United States · 1978
  3. Lambert v. CaliforniaSupreme Court of the United States · 1958
  4. Pena, Jose LuisCourt of Criminal Appeals of Texas · 2011
  5. Mays v. StateCourt of Criminal Appeals of Texas · 2010

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