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SCHULTZ v. STATE

No. 0864-94.

923 S.W.2d 1 (1996)

Theresa Ellen SCHULTZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

April 17, 1996.

Attorney(s) appearing for the Case

Mike Brown, Lubbock, for appellant.

Michael West, Assist. Dist. Atty., Lubbock, Robert A. Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

KELLER, Judge.

Appellant was charged with the offense of child abandonment under TEX.PEN.CODE ANN., Sec. 22.041(b).1 Evidence showed that appellant's nine year old daughter and her eleven year old nephew died in a fire after appellant left them alone for fifteen hours. In affirming appellant's conviction, the Court of Appeals held that the culpable mental state under...

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