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ZUBIA v. STATE

No. 926-98.

998 S.W.2d 226 (1999)

Jaime ZUBIA, Jr., Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

June 9, 1999.

Attorney(s) appearing for the Case

Lauren K.S. Murdock, El Paso, for appellant.

Karen L. Landinger, Assist. DA, El Paso, Matthew Paul, State's Atty., Austin, for the State.

OPINION

PER CURIAM.

The issue in this case is whether, in the offense of injury to a child,1 the culpable mental state applies to the age of the victim. We hold that it does not.

The appellant, a member of a "gang," believed that a rival gang had driven by his house and fired a gunshot at it. He and other gang members drove within range of a rival gang member's house. The appellant fired a gun at people standing in the...

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