The state petitions for writ of mandamus challenging the trial court's rulings on the issues of the law of parties and party conspiracy. Respondent's assessment of the evidence to determine whether it supports the inclusion of an instruction under Texas Penal Code §7.02(a)(2) in the court's charge is not a ministerial act, but rather is an exercise of Respondent's judgment and judicial determination. Because whether the court is required to include the manner and means in the fourth element of §7.02(b) is not well settled, the trial court had no ministerial duty to include it in the application paragraph of the charge. Waco Court of Appeals, No. 10-12-00443-CR, 12-12-2012.
In Re: State Ex Rel. Weeks
Tex. App. Dist. 10
December 18, 2012
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