Legal Opinion

Butcher, Charles E. Ii

Court of Criminal Appeals of Texas

Decided January 28, 2015No. PD-1662-13PublishedCited by 78 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · HerveyHervey, J.

in which KELLER, P.J., KEASLER, ALCALA, RICHARDSON, YEARY, and NEWELL, JJ., joined.

The punishment level for aggravated kidnapping is reduced from a first-degree felony to a second-degree felony if the kidnapper “voluntarily releases the victim in a safe place.” See Tex. Penal Code § 20.04(d). The court of appeals concluded that the evidence was legally and factually sufficient to support the jury’s rejection of Appellant’s mitigating defense of release in a safe place. See Butcher v. State, No. 11-11-00288-CR, 2013 WL 5891603, at *9 (Tex.App.-Eastman Oct. 31, 2013) (mem.op.) (not…

3Cases cited5 opinions

  1. Boykin v. StateCourt of Criminal Appeals of Texas · 1991
  2. Williams v. StateCourt of Criminal Appeals of Texas · 1993
  3. Brown v. StateCourt of Criminal Appeals of Texas · 2003
  4. Storr v. State, Texas Court of Appeals, 14th District (Houston)2004
  5. Williams v. State, Texas Court of Appeals, 13th District1986

4Cited by78 opinions

  1. Gaona v. StateCourt of Appeals of Texas · 2016
  2. Richard Joseph Martin v. State, Texas Court of Appeals, 11th District (Eastland)2019
  3. John Christopher Dominguez v. State, Texas Court of Appeals, 4th District (San Antonio)2015
  4. Jaqualien Grant v. StateCourt of Appeals of Texas · 2015
  5. Royce Gene Adams III v. StateCourt of Appeals of Texas · 2016

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