The appellant asks whether the court of appeals erred in holding that manslaughter was not a lesser-included offense of the charged murder. Causing death while consciously disregarding a risk that death will occur differs from intending to cause serious bodily injury with a resulting death only in the respect that a less culpable mental state establishes its commission. There was no evidence raised at trial that would permit a rational jury to find that, if appellant is guilty, he is guilty only of manslaughter. The court of appeals judgment is affirmed. Court of Criminal Appeals, No. PD-1675-10, 10-31-2012.
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Cavazos v. State
Tex. Crim. App.
November 5, 2012
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