X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION

A jury convicted Dennis Ray Driver of felony murder, based on the underlying offense of cocaine possession, after Driver’s eight-month-old son died of cocaine poisoning while in Driver’s care. See TEX. PENAL CODE ANN. § 19.02(b)(3) (West 2003). After hearing evidence of Driver’s multiple drug convictions, the jury assessed his punishment at life in prison. On appeal, Driver contends that the evidence is legally insufficient to support the jury’s findings that he (1) intentionally or knowingly possessed cocaine or (2) committed an act dangerous to human life. He further contends that the trial court erred in failing to instruct the jury on manslaughter and criminally negligent homicide as lesser included offenses to felony murder. We conclude that the evidence is legally sufficient to support the conviction, and that the trial judge did not err in refusing to submit the requested lesser included offenses. We therefore affirm.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

GlobeSt. Multifamily Spring 2023

March 27, 2023 - March 28, 2023
Miami, FL

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More

The Asia Legal Awards (ASLA) 2023

March 30, 2023
Singapore

Where the region's top lawyers, law firms and in-house teams will gather to celebrate their most stellar achievements of the year.


Learn More

GlobeSt Net Lease Spring 2023

April 03, 2023 - April 04, 2023
New York

This conference brings together the industry's most influential & knowledgeable real estate executives from the net lease sector.


Learn More

Associate Attorney


Looking for an Associate Attorney with 2 to 5 years experience to handle Labor and Employment Law, Pension Appeals and Workers Compensation....


Apply Now ›

Health Law Associate CT


Health Law Associate CT Shipman is seeking an associate to join our national longstanding health law practice. Candidates must have t...


Apply Now ›

CIVIL LITIGATION ATTORNEY -NEW YORK


Regional mid-sized firm with diverse civil litigation practice seeking hardworking and dedicated attorneys with 1-5 years experience for it...


Apply Now ›

LAWYERS OF DISTINCTION

03/24/2023
NLJ Web

Lawyers of Distinction would like to announce...


View Announcement ›

SNYDER SARNO D'ANIELLO MACERI & DACOSTA

03/13/2023
NJLJ Web

Snyder Sarno D'Aniello Maceri & daCosta would like to announce that...


View Announcement ›

COLE SCHOTZ P.C.

03/13/2023
NJLJ Web

COLE SCHOTZ P.C. WELCOME HONORABLE GARRY S. ROTHSTADT, J.A.D. (RET.)


View Announcement ›