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Click here for the full text of this decision FACTS:Complainant, appellant Larry Glenn Haynes’ former roommate, testified at trial that she had lived with appellant from September 2002 until Jan. 6, 2006, when she moved out to get away from Haynes. She testified that she moved her furniture out of the apartment on Jan. 6, 2006. After that date, she lived with her mother. Haynes telephoned her frequently but she did not answer the calls. On Feb. 2, 2006, appellant came to the mother’s home and knocked on the door. Complainant opened the door, and appellant asked her why she was not answering his telephone calls. She testified that appellant accused her of lying and struck her in the mouth. At trial, complainant testified that appellant was not a member of her household on Feb. 2, 2006, and she was not married to him. Haynes was convicted by a jury of assault of a household member under Texas Penal Code �22.01, a third degree felony. The jury found as an element of the offense that appellant was previously convicted of an assault of a household member. Haynes pleaded true to two enhancement paragraphs for previous felony convictions for possession of a controlled substance and assault, subjecting Haynes to punishment as a habitual offender. The trial court assessed punishment at 25-years imprisonment. Haynes argued that the evidence that Haynes was a member of Haynes’ household was legally and factually insufficient; thus, the state lacked evidence on the crucial element of the offense that complainant was a member of Haynes’ household. The state argued that Texas Family Code �71.006, which is not mentioned in Texas Penal Code �22.01, applies. The definition of “member of a household” in �71.006 includes a person who previously lived in a household. The state’s argument: because Haynes and the complainant once lived together in the same dwelling, Haynes could still assault her as a household member after she moved out. HOLDING:Reversed and rendered. The Legislature could have incorporated the expanded definition of “member of a household” given by Texas Family Code �71.006 into Texas Penal Code �22.01, but it has not done so, the court stated. The court held that Texas Penal Code �22.01 does not authorize the state to use Texas Family Code �71.006 to define who constitutes a household member for the purposes of committing felony assault. The state must prove as an element of the offense of felony assault on a household member that the defendant and the complainant were living together in the same dwelling when the offense was committed, the court further held. OPINION:Nuchia, J.; Nuchia, Jennings and Higley, J.J.

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