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Daniels v. State

Appellant contends in his sole issue that the court erred by refusing to charge the jury on the lesser-included offense of deadly conduct, suggesting that a rational jury could conclude that he did not intend to commit serious bodily injury, but due to his poor aim, the victim was nevertheless fatally injured. The court held that his argument, at best, would raise the lesser-included offense of manslaughter or perhaps criminally negligent homicide. Therefore, a rational juror could not have found that, if appellant was guilty, he was guilty only of deadly conduct. Waco Court of Appeals, No. 10-08-00337-CR, 01-06-2010

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OPINION

A jury convicted Danny Eugene Daniels of murder and assessed his punishment at life imprisonment and a $10,000 fine. Daniels contends in his sole issue that the court erred by refusing to charge the jury on the lesser-included offense of deadly conduct. We will affirm.

The indictment charged Daniels with intentionally or knowingly causing the death of Michael Evans “by shooting him with a firearm” or alternatively by committing an act clearly dangerous to human life (with intent to cause serious bodily injury) that caused Evans’s death by shooting him with a firearm. According to the testimony, Daniels was engaged in selling illegal narcotics on the occasion in question. When Evans drove up in his truck, Daniels believed him to be the person who had taken some drugs without paying earlier in the day. Daniels ran up and reached inside the driver’s side window trying to get his money. As Evans resisted, Daniels pulled out a handgun and shot through the open window. Evans drove away, and Daniels fired a second shot at the truck. Evans died moments later from a gunshot wound.

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