Cynthia Ann Hudson v. State, 415 S.W.3d 891

Hudson was convicted of capital murder for the death of her adopted son Samuel.
The Court previously reversed based on recklessness evidence and lack of manslaughter instruction; the Court of Criminal Appeals reversed and remanded for intermediate lesser-included offenses analysis.
The intermediate-offense analysis considers offenses between capital murder and manslaughter that share the same mental state; if such offenses exist and are supported by evidence, manslaughter instruction may be improper.
Hudson’s indictment alleged death by beating/withholding food in the course of kidnapping; capital murder required proof of intentional death in the course of kidnapping.
The State’s theory allowed felony murder based on injury to a child, which can be committed with recklessness and is a lesser-included offense of capital murder at issue here.
The court concluded there was an intermediate offense (felony murder with injury to a child) supported by the evidence, so Hudson was not entitled to a manslaughter instruction and the conviction and sentence were affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether felony murder with injury to a child lies between capital murder and manslaughter.	Hudson argues no intermediate offense exists.	State argues intermediate offenses exist that could bar manslaughter instruction.	Yes; such intermediate offense exists and mitigates manslaughter instruction.
Whether the record contains evidence supporting only the lesser offense of felony murder based on injury to a child.	Hudson proffers evidence suggesting recklessness justifies manslaughter.	Evidence could support felony murder based on injury to a child.	There is evidence supporting felony murder as a valid rational alternative.
Whether the indictment/evidence warrant submitting any lesser offense beyond manslaughter.	Hudson contends manslaughter should be submitted.	State contends intermediate offenses may preclude manslaughter.	No error; the record supports the intermediate offense and manslaughter not required.

Flores v. State, 245 S.W.3d 432 (Tex.Crim.App.2008) (reaffirms limits on submitting lesser offenses when lies-between offenses are present)
Jackson v. State, 992 S.W.2d 469 (Tex.Crim.App.1999) (murder requires evidence of homicide; aggravated assault not warranted when death is proven)
Thomas v. State, 699 S.W.2d 845 (Tex.Crim.App.1985) (negligence-based lesser offense unavailable when no evidence of negligence)
Sweed v. State, 351 S.W.3d 63 (Tex.Crim.App.2011) (addressed intermediate offenses and submission of theft when lies-between offenses arose)
Hudson v. State, 394 S.W.3d 522 (Tex.Crim.App.2013) (intermediate-offense analysis governs when evidence raises offenses between charged and requested)
Ex parte Watson, 306 S.W.3d 259 (Tex.Crim.App.2009) (defines lesser-included offense framework based on evidence and deduction of elements)