Hernandez v. State, 531 S.W.3d 359

Appellant (mother) lived with three children (J.H., B.B., B.H.) in a house heavily infested with insects, with animal feces, mold, trash, and many pets.
J.H. (eight months) was hospitalized with a 105.3°F fever, cellulitis from insect bites, and scabies; medical personnel linked the infection to insect bites and living conditions.
Police and CPS inspected the home: insects (living and dead) in all children’s beds, feces on floors, mold in a nonworking refrigerator, and unsanitary conditions throughout the house.
Appellant admitted awareness of insects and feces near the children’s sleeping area but claimed limited knowledge due to working night shifts and blamed relatives for refusal to clean or remove animals.
The jury convicted Appellant on three counts of child endangerment and recommended suspension; the trial court sentenced her to confinement but suspended the sentences and placed her on five years’ community supervision.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence that Appellant endangered J.H.	State: insect-infested bed caused bites, infection, high fever requiring hospitalization — constituted imminent danger and bodily injury	Appellant: lack of intent and claimed limited knowledge; tried home remedies before hospital	Court: Evidence sufficient; medical testimony tied insect bites/conditions to J.H.’s serious infection and impairment — conviction affirmed
Sufficiency of evidence that Appellant endangered B.B. and B.H.	State: same dangerous conditions exposed siblings to the same imminent risk; officer observed insect bites and infestation in their beds	Appellant: siblings showed no diagnosed illness; danger to them was potential/future, not imminent	Court: Evidence sufficient; observed bites, pervasive infestation, and linkage to J.H.’s illness supported inference of imminent danger and physical discomfort — convictions affirmed

Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (review standard and deference to jury credibility findings)
Garcia v. State, 367 S.W.3d 683 (Tex. Crim. App. 2012) (definition and limits of "imminent" danger in child-endangerment context)
Devine v. State, 786 S.W.2d 268 (Tex. Crim. App. 1989) (meaning of "imminent")
Laster v. State, 275 S.W.3d 512 (Tex. Crim. App. 2009) (any physical pain, however minor, can constitute bodily injury)
Camarillo v. State, 82 S.W.3d 529 (Tex. App.—Austin 2002) ("impairment" can include diminished function of a bodily organ)
Millslagle v. State, 81 S.W.3d 895 (Tex. App.—Austin 2002) (distinguishing potential danger from imminent danger)
Rey v. State, 280 S.W.3d 265 (Tex. Crim. App. 2009) (legislative intent to protect vulnerable children)