Cobb v. State

4 Citing cases

  1. Cobb v. Unnamed

    No. 3:18-CV-3243-S (BH) (N.D. Tex. Dec. 12, 2018)

    The petitioner was convicted of manslaughter in Cause No. F49423 in the 413th Judicial District Court of Johnson County, Texas, and on November 18, 2016, he was sentenced to 20 years' imprisonment. See Cobb v. State, No. 10-16-00406-CR, 2017 WL 2819106 (Tex. App.-Dallas June 28, 2017); see also https://offender.tdcj.texas.gov/offendersearch (search for petitioner).

  2. Fraser v. State

    No. 07-23-00131-CR (Tex. App. Oct. 1, 2024)

    However, when reviewing a magistrate's decision to issue a warrant, appellate courts apply a highly deferential standard of review because of the constitutional preference for searches conducted pursuant to a warrant over warrantless searches. State v. McLain, 337 S.W.3d 268, 271-72 (Tex. Crim. App. 2011); Cobb v. State, No. 10-16-00406-CR, 2017 Tex.App. LEXIS 5945, at *22-23 (Tex. App.-Waco June 28, 2017, pet. ref'd) (mem. op., not designated for publication). Under the Fourth Amendment, an affidavit supporting a search warrant is sufficient if, from the totality of the circumstances reflected in the affidavit and the reasonable inferences it supports, the magistrate was provided with a substantial basis for concluding that probable cause existed.

  3. Brackens v. State

    No. 02-17-00328-CR (Tex. App. Mar. 14, 2019)   Cited 1 times

    rackens for assault committed through a reckless state of mind. See Stepherson v. State, 523 S.W.3d 759, 764 (Tex. App.—Houston [14th Dist.] 2017, no pet.) ("Appellant . . . insists that the State sought only to prove that appellant acted intentionally and knowingly . . . and not recklessly . . . . Even if true, a jury is not prevented from looking at the same evidence and concluding that it supports a finding of reckless, and not intentional, conduct."); see also Tex. Penal Code Ann. § 6.02(e) ("Proof of a higher degree of culpability than that charged constitutes proof of the culpability charged."); Flores v. State, 245 S.W.3d 432, 440 (Tex. Crim. App. 2008) (stating that "proof of intent would, as a matter of law, establish recklessness as well"); Bell v. State, 693 S.W.2d 434, 438 (Tex. Crim. App. 1985) (stating that when the State establishes the "higher culpable mental state of intent or knowledge, it necessarily establishe[s] the lower culpable mental state of recklessness"); Cobb v. State, No. 10-16-00406-CR, 2017 WL 2819106, at *3 (Tex. App.—Waco June 28, 2017, pet. ref'd) (mem. op., not designated for publication) (holding that a factfinder could rationally find that a defendant recklessly caused the victim's death when the defendant shot the victim eight times at close range). This Court has recently addressed the very issue of whether conduct that could be deemed intentional can also support a jury's verdict that the conduct constituted recklessness even though the State did not charge the defendant with a reckless intent.

  4. Byers v. State

    NO. 02-17-00282-CR (Tex. App. Jul. 26, 2018)   Cited 2 times
    In Byers, the State charged Byers with intentionally and knowingly grabbing his girlfriend's throat and squeezing to the point of causing red marks or repeatedly slamming her head on the floor.

    n v. State, 523 S.W.3d 759, 764 (Tex. App.—Houston [14th Dist.] 2017, no pet.) ("Appellant . . . insists that the State sought only to prove that appellant acted intentionally and knowingly, as required for the charged offense of murder, and not recklessly, as required for manslaughter. Even if true, a jury is not prevented from looking at the same evidence and concluding that it supports a finding of reckless, and not intentional, conduct."); see also Tex. Penal Code Ann. § 6.02(e) (West 2011) ("Proof of a higher degree of culpability than that charged constitutes proof of the culpability charged."); Flores v. State, 245 S.W.3d 432, 440 (Tex. Crim. App. 2008) (stating that "proof of intent would, as a matter of law, establish recklessness as well"); Bell v. State, 693 S.W.2d 434, 438 (Tex. Crim. App. 1985) (stating that when the State establishes the "higher culpable mental state of intent or knowledge, it necessarily establishe[s] the lower culpable mental state of recklessness"); Cobb v. State, No. 10-16-00406-CR, 2017 WL 2819106, at *3 (Tex. App.—Waco June 28, 2017, pet. ref'd) (mem. op., not designated for publication) (holding that a factfinder could rationally find that a defendant recklessly caused the victim's death when the defendant shot the victim eight times at close range). For these reasons, viewing all of the evidence in a light most favorable to the jury's verdict, we conclude that the jury could have rationally found the elements of Byers's reckless assault against Kara beyond a reasonable doubt.