Legal Opinion
Rodriguez v. State
Court of Criminal Appeals of Texas
Decided January 10, 2018No. PD-0439-16PublishedCited by 18 opinions
1Opinion of the CourtKeasler, J.
Robert Rodriguez assaulted a man, shattering the victim's knee and causing him serious bodily injury. Rodriguez contends that, while he intended to cause some bodily injury to the victim, he did not honestly believe that his actions would result in serious bodily injury. Rodriguez claims he should have received a jury instruction that, if his belief was reasonable under the circumstances, he should be convicted only of misdemeanor assault. We disagree.
I. FACTS AND PROCEDURAL POSTURE
The essential facts are these: Robert Rodriguez and his brother assaulted Francisco Plaud-Acosta in a nightclub…
2Cases cited11 opinions
- Boykin v. StateCourt of Criminal Appeals of Texas · 1991
- United States v. X-Citement Video, Inc.Supreme Court of the United States · 1994
- Landrian v. StateCourt of Criminal Appeals of Texas · 2008
- Celis, Mauricio RodriguezCourt of Criminal Appeals of Texas · 2013
- Black v. StateCourt of Criminal Appeals of Texas · 2000
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. RossCourt of Criminal Appeals of Texas · 2019
- Christian Hart v. State, Texas Court of Appeals, 4th District (San Antonio)2019
- Dewey Dewayne Barrett v. State, Texas Court of Appeals, 12th District (Tyler)2021
- Dontavious Dishawn Haney v. the State of Texas, Texas Court of Appeals, 6th District (Texarkana)2022
- Elias Villarreal v. the State of Texas, Texas Court of Appeals, 3rd District (Austin)2025
13 more not listed; retrieve them via the Exa API.