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Wasylina v. State

Proving the greater culpable mental state of recklessness necessarily proved the lesser culpable mental state of criminal negligence. On remand, the court of appeals relied on Arevalo v. State (2007). The Court of Criminal Appeals court recently overruled Arevalo in Grey v. State (2009). Case remanded to the Court of Appeals in light of the opinion in Grey . Texas Court of Criminal Appeals, No. PD-737-09, 01-27-2010

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OPINION

Appellant was charged with manslaughter. Over Appellant’s objection, the trial court granted the State’s request for a jury charge on the lesser-included offense of criminally negligent homicide. Appellant was convicted of criminally negligent homicide.

On appeal, Appellant argued that the trial court erred in submitting that charge over his objection. The Court of Appeals initially agreed and reversed the conviction, reasoning that the evidence showed only that Appellant acted recklessly, not with criminal negligence. Wasylina v. State, __ S.W.3d __, No. 12-05-00263-CR (Tex. App. – Tyler, March 7, 2007). We granted the State’s petition and reversed, holding that proving the greater culpable mental state of recklessness necessarily proved the lesser culpable mental state of criminal negligence. We remanded for the appellate court to address the issue again. Wasylina v. State, 275 S.W.3d 908 (Tex. Crim. App. 2009).

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