Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Driver v. State

A jury convicted the appellant of felony murder, based on the underlying offense of cocaine possession, after appellant's 8-month-old son died of cocaine poisoning while allegedly in appellant's care. The evidence was legally sufficient to support the conviction for felony murder. Manslaughter is not a lesser included offense of felony murder. The trial court did not err by denying the request for manslaughter and criminally negligent homicide instructions. The trial court's judgment is affirmed. Houston's 1st Court of Appeals, No. 01-08-00522-CR, 06-09-2011.

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.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

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

LEARN MORE

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
Go to CLE Center
Elite Trial Lawyers 2025
July 10, 2025
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
PRODUCTS LIABILITY, MASS TORTS AND CONSUMER CLASS ACTION ATTORNEYS

McCarter & English, LLP is seeking litigation attorneys for our Newark, NJ offices. Candidates must have 3-6 years of law firm experien...


Apply Now ›
CORPORATE ATTORNEY

McCarter & English, LLP is actively seeking a corporate associate for its office located in Boston, MA. Candidate must have 2 - 5 years ...


Apply Now ›
INSURANCE COVERAGE ASSOCIATE

McCarter & English, LLP is actively seeking a midlevel insurance coverage associate for its Newark, NJ and/or Philadelphia, PA offices. ...


Apply Now ›
Go to Lawjobs

Breaking news and trends for law firm and legal departments about the evolving federal regulations in a volatile political climate.

Federal Legal News
Special Coverage
Surveys & Rankings
National Law Journal