Celis, Mauricio Rodriguez
Court of Criminal Appeals of Texas
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
- Morissette v. United StatesSupreme Court of the United States · 1952
- United States v. ScottSupreme Court of the United States · 1978
- Lambert v. CaliforniaSupreme Court of the United States · 1958
- Pena, Jose LuisCourt of Criminal Appeals of Texas · 2011
- Mays v. StateCourt of Criminal Appeals of Texas · 2010
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