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Grotti v. State

The court of appeals appropriately assessed all of the relevant evidence and used the correct standard of review. Court of Criminal Appeals, No. PD-134-07

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Johnson, J., delivered the opinion of the Court in which Meyers, Price, Womack, Keasler, Hervey, Holcomb, and Cochran, JJ., joined. Keller, P.J., dissented.

OPINION

On October 13, 2003, the state indicted appellant, Lydia Grotti, a former physician at John Peter Smith Hospital (JPS) in Fort Worth, for murder.*fn1 The indictment alleged that appellant caused the death of her patient, Lettie McGhee (McGhee) by occluding McGhee’s endotracheal tube (ET tube) with her finger. The jury acquitted Grotti of murder, but convicted her of the lesser-included offense of criminally negligent homicide, a state-jail felony.*fn2 The jury also found that appellant used her finger as a deadly weapon. The trial court assessed punishment to two years’ imprisonment.

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