WASYLINA v. STATE

No. PD-0519-07.

275 S.W.3d 908 (2009)

Anthony WASYLINA, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

January 28, 2009.


Attorney(s) appearing for the Case

Steven R. Green, Athens, for Appellant.

Lisa C. McMinn, First Asst. State's Atty., Austin, for State.


KELLER, P.J., delivered the opinion of the Court in which PRICE, WOMACK, JOHNSON, HOLCOMB, and COCHRAN, JJ., joined.

The court of appeals held that the evidence was legally insufficient to support appellant's conviction for criminally negligent homicide because the evidence showed only that appellant acted recklessly. We hold that proving the greater culpable mental state of recklessness necessarily proves the lesser culpable mental state of criminal negligence, and...

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