Zubia v. State

OPINION

The issue in this case is whether, in the offense of injury to a child,1 the culpable mental state applies to the age of the victim. We hold that it does not.

The appellant, a member of a “gang,” believed that a rival gang had driven by his house and fired a gunshot at it. He and other gang members drove within range of a rival gang member’s house. The appellant fired a gun at people standing in the yard of the house. He hit one of the people, a four-year old child, causing serious bodily injury.

*227The appellant asked the court of appeals to find that the evidence was insufficient to prove…