Summary
holding statute "does not require a culpable mental state as to the victim's" age in an appeal of a conviction for injury to an elderly individual
Summary of this case from Hart v. StateOpinion
No. 10-03-00266-CR
Opinion delivered and filed September 22, 2004. DO NOT PUBLISH.
Appeal from the 18th District Court, Somervell County, Texas, Trial Court # 18-00498. Affirmed.
Shelly D. Fowler, Attorney at Law, Cleburne, TX, for Appellant. Dale S. Hanna, Somervell County District Attorney; Abigail Placke, Somervell County Asst. District Attorney, Cleburne, TX, for Appellee.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA. (Justice VANCE concurs with a note: I believe that we owe it to the litigants, the higher courts, the Bench and Bar, and the public generally to provide more of the facts and our analysis in memorandum opinions such as this).
MEMORANDUM Opinion
This appeal concerns convictions for injury to an elderly individual and injury to a disabled individual. See TEX. PENAL CODE ANN. § 22.04(a), (c)(2)-(3) (Vernon 2003). Appellant contends that there is no evidence that he knew that the victim was elderly or disabled. Section 22.04 does not require a culpable mental state as to the victim's special status. Black v. State, 26 S.W.3d 895, 898 (Tex.Crim.App. 2000); Zubia v. State, 998 S.W.2d 226, 227 (Tex.Crim.App. 1999) (per curiam). We overrule Appellant's issue. We affirm the judgment.