Hicks v. State
2012 Tex. Crim. App. LEXIS 865
| Tex. Crim. App. | 2012Background
- Hicks was charged with intentionally or knowingly causing bodily injury to Angelo Jackson by using a deadly weapon.
- Angelo testified Hicks brought and brandished a pistol seeking payment for Prada shoes; a struggle occurred and Hicks shot Angelo.
- The jury was instructed on both the charged offense (intentional/knowing aggravated assault) and a lesser offense (reckless aggravated assault).
- The jury convicted Hicks of reckless aggravated assault after hearing the lesser-offense instruction, despite objections that reckless state of mind was not charged in the indictment.
- The court of appeals held that reckless aggravated assault is not a lesser-included offense of intentional/knowing aggravated assault and reversed.
- Texas Article 37.09 governs lesser-included offenses; the Court resolved a conflict about whether recklessness can be a lesser included offense.
- The Court reaffirmed Rocha and held that reckless aggravated assault is a valid lesser-included offense of intentional or knowing aggravated assault; the trial court’s instruction was proper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is reckless aggravated assault a lesser-included offense of intentional/knowing aggravated assault? | Hicks argued reckless is not included in the greater offense by statute. | The State argued recklessness is a lesser-included mental state under Article 37.09(3). | Yes; reckless aggravated assault is a valid lesser-included offense. |
Key Cases Cited
- Rocha v. State, 648 S.W.2d 298 (Tex. Crim. App. 1982) (establishes framework for lesser-included offenses under Article 37.09)
- Landrian v. State, 268 S.W.3d 532 (Tex. Crim. App. 2008) (conceptual equivalence for unanimity; supports lesser-included reasoning)
- Reed v. State, 117 S.W.3d 260 (Tex. Crim. App. 2003) (distinguished from Rocha; discusses indictment scope and lesser-included issues)
- Flores v. State, 245 S.W.3d 432 (Tex. Crim. App. 2008) (proof of greater culpability proves lesser; supports Article 37.09 logic)
- Mello v. State, 806 S.W.2d 875 (Tex. App.–Eastland 1991) (lesser offenses may carry same punishment range)
- Stockton v. State, 756 S.W.2d 873 (Tex. App.–Austin 1988) (punishment range not determinative for lesser-included status)
- Johnson v. State, 828 S.W.2d 511 (Tex. App.–Waco 1992) (lesser-included offenses defined by lesser culpable mental state)
- Stuhler v. State, 218 S.W.3d 706 (Tex. Crim. App. 2007) (reckless injury to child as lesser-included offense cited in broader context)
- Gay v. State, 235 S.W.3d 829 (Tex. App.–Fort Worth 2007) (reckless vs intentional/knowing distinctions in injury contexts)