Hicks v. State

OPINION

in which KELLER, P.J., and MEYERS, PRICE, WOMACK, JOHNSON, HERVEY, and COCHRAN, JJ., joined.

James Corey Hicks was convicted of injury to a disabled individual by omission. 1 The court of appeals affirmed the conviction, holding that “possession” 2 equated to “care, custody, or control” under Section 22.04(d), and that the evidence was legally and factually sufficient to prove that Hicks assumed a duty of “care, custody, or control” over the victim. 3 We hold that the court erred by expanding the language of Section 22.04(d) and reverse and remand this case to the court of appeals.

Factua…