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Chambless v. State

The appellant challenges his conviction of alleged criminally negligent homicide. The trial court did not err in instructing the jury that Chambless' punishment was enhanced in accordance with Texas Penal Code �12.35(c)(1). The judgment is affirmed. Austin Court of Appeals, No. 03-10-00305-CR, 05-10-2012.

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OPINION

A jury found appellant Ben Chambless guilty of criminally negligent homicide. See Tex. Penal Code Ann. § 19.05(a) (West 2011). Based on the jury’s finding that Chambless used a firearm in the commission of this homicide, the trial court instructed the jury that the applicable term of imprisonment was that of a third-degree felony. See id. § 12.35(c)(1) (West 2011). The jury assessed punishment at eight years’ confinement. In his sole point of error, Chambless claims that the trial court erred in instructing the jury that his punishment is enhanced to that of a third-degree felony because section 12.35(c)(1) of the Texas Penal Code does not apply to criminally negligent homicide. We affirm the judgment.

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