BRITAIN v. STATE

No. PD-0175-13.

412 S.W.3d 518 (2013)

Samantha Amity BRITAIN, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

Rehearing Denied November 27, 2013.


Attorney(s) appearing for the Case

Susan Lee Schoon , for Appellant.


WOMACK, J., delivered the unanimous opinion of the Court.

A jury convicted the appellant of manslaughter and injury to a child for recklessly causing the death of her step-daughter. The Fourth Court of Appeals held that there was insufficient evidence that the appellant was "aware of but consciously disregard[ed] a substantial and unjustifiable risk" as required to prove recklessness. Accordingly, the Fourth Court reversed the judgment of the trial court and entered...

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