Mayberry v. State
2011 Tex. App. LEXIS 6189
| Tex. App. | 2011Background
- On December 21, 2008, Mayberry returned home to find multiple children, including her 15-year-old son, at her house during Christmas break.
- Mayberry handed car keys to her unlicensed 15-year-old son to drive with the other children, without accompanying them.
- The initial trip had nine children in the car; space and seatbelts were insufficient, with some children sitting in the back cargo area.
- On a second trip, the group again traveled at night with more passengers than seatbelts allowed, and Mayberry suggested some sit in the open cargo area.
- During the follow-up trip, Mayberry’s son drove at high speed culminating in a crash at the third bridge, killing two children and injuring others; the son had been traveling over 100 mph and was the only occupant wearing a seatbelt.
- Mayberry was indicted on seven counts of endangering a child; the jury convicted her on six counts and the trial court sentenced her to two years in jail (suspended) with two years of supervision and a fine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence proves imminent danger under 22.041(c). | Mayberry argues the danger was not imminent. | State argues imminent danger was shown by unlicensed, underage driving with multiple passengers at night. | Yes; the danger was imminent and the jury could infer recklessness. |
| Whether the indictment properly pled recklessness or criminal negligence under Article 21.15. | Dissent argues acts pled were insufficient to prove recklessness; the State limited allegations. | Majority relied on broader facts beyond those pled. | Affirmed; the majority did not require additional pled acts to sustain sufficiency; but dissent would reverse. |
Key Cases Cited
- Devine v. State, 786 S.W.2d 268 (Tex.Crim.App. 1989) (imminence definition for danger to a child)
- Rodriguez v. State, 137 S.W.3d 758 (Tex.App.-Houston [1st Dist.] 2004) (imminent danger finding in child endangerment)
- Jackson v. Virginia, 443 U.S. 307 (1980) (sufficiency standard for evidence in criminal cases)
- Brooks v. State, 323 S.W.3d 893 (Tex.Crim.App. 2010) (overturns factual sufficiency review; uses legal sufficiency)
- Howard v. State, 333 S.W.3d 137 (Tex.Crim.App. 2011) (adopts Jackson legal sufficiency standard; abandons factual sufficiency)