Johnny Flores v. State
13-14-00338-CR
| Tex. App. | Aug 5, 2015Background
- Flores was charged with murder under Tex. Penal Code § 19.02(b)(2) for killing the victim by asphyxia in Nueces County.
- The indictment alleged Flores acted with intent to cause serious bodily injury, which caused the victim’s death.
- Evidence at trial included Flores’ 9-1-1 confession admitting he killed the girlfriend by suffocation and his police confession that he lost it and hit, slapped, and choked her.
- Medical examiner testified the death was due to mechanical asphyxia with additional injuries (temple stab wound, facial injuries).
- Forensic psychologist testified Flores’ mental illness and medication status could affect impulse control and behavior.
- Flores requested a jury instruction on manslaughter as a lesser-included offense; the trial court denied the request.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether manslaughter should have been charged as a lesser offense. | Flores argues manslaughter is a lesser offense under Rousseau/Cavazos. | State contends murder requires a greater culpable mental state; no affirmative evidence for mere manslaughter. | No; manslaughter was not a lesser-included offense. |
Key Cases Cited
- Cavazos v. State, 382 S.W.3d 377 (Tex. Crim. App. 2012) (framework for lesser-included offenses via cognate-pleadings and functional-equivalence)
- Rousseau v. State, 855 S.W.2d 666 (Tex. Crim. App. 1993) ( Aguilar/Rousseau two-prong test for lesser-included offenses)
- Meine v. State, 356 S.W.3d 605 (Tex. App.—Corpus Christi 2011) (affirmative evidence requirement for lesser offense under second prong)
- Ex parte Watson, 306 S.W.3d 259 (Tex. Crim. App. 2009) (functional-equivalence concept in indictment for lesser offenses)
- Saunders v. State, 840 S.W.2d 390 (Tex. Crim. App. 1992) (evidence threshold for lesser-included offenses requires more than speculation)
- Bell v. State, 693 S.W.2d 434 (Tex. Crim. App. 1985) (concepts on when instruction on lesser offense may be warranted)
- Godsey v. State, 719 S.W.2d 578 (Tex. Crim. App. 1986) (discusses elements and mens rea distinctions in offenses)
- Flanagan v. State, 675 S.W.2d 734 (Tex. Crim. App. 1984) (historical treatment of culpable mental states)
- State v. Meru, 414 S.W.3d 159 (Tex. Crim. App. 2013) (acknowledges divergent elements between murder and manslaughter)