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Adams v. State

Appellant was convicted of the offense of felony murder based on the underlying offense of felony driving while intoxicated and sentenced to 65 years in prison. A felony DWI may serve as the underlying offense in a felony murder conviction. A reasonable juror could have determined beyond a reasonable doubt that the act of crossing the center stripe, resulting in the collision that caused the death of an individual, was an act in furtherance of the offense of felony DWI. The judgment of conviction is affirmed. Waco Court of Appeals, No. 10-10-00358-CR, 06-08-2011.

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OPINION

Robert Blake Adams was convicted of the offense of felony murder based on the underlying offense of felony driving while intoxicated and sentenced to sixty-five years in prison. TEX. PEN. CODE ANN. §§ 19.02(b)(3); 49.04 (West 2003). Adams complains that the felony murder statute violates federal due process because of the lack of a mens rea requirement, that it was improper to convict him of murder based on the lack of a mens rea, that the indictment should have been dismissed because he committed the offense of intoxication manslaughter which cannot be the basis of a felony murder conviction, that a death resulting from intoxication is not murder but rather intoxication manslaughter, and that the evidence was insufficient. Because we find no error, we affirm the judgment of the trial court.

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