From Casetext: Smarter Legal Research

Plants v. State

Court of Appeals of Texas, Tenth District, Waco
Sep 22, 2004
No. 10-03-00266-CR (Tex. App. Sep. 22, 2004)

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. State

Opinion

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 DO NOT PUBLISH.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.


Summaries of

Plants v. State

Court of Appeals of Texas, Tenth District, Waco
Sep 22, 2004
No. 10-03-00266-CR (Tex. App. Sep. 22, 2004)

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. State
Case details for

Plants v. State

Case Details

Full title:HAROLD ROBERT PLANTS, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Sep 22, 2004

Citations

No. 10-03-00266-CR (Tex. App. Sep. 22, 2004)

Citing Cases

Hart v. State

Id. (quoting Zubia v. State, No. 08-96-00096-CR, slip op. at 6-7 (Tex. App.—El Paso March 19, 1998) (not…