Background

• Appellant gave birth to twins; the male infant died seven weeks later from malnutrition and dehydration.
• Appellant was the sole caregiver; the infant had not seen a doctor since birth, unlike siblings who were fed adequately.
• Autopsy showed severe undernourishment and dehydration; expert testified the condition would be apparent to a caregiver.
• Indictment charged felony murder under injury to a child, alleging starvation and withholding fluids; the State argued these were acts clearly dangerous to life.
• Court of Appeals held the evidence could support an act clearly dangerous to life and affirmed; the Texas Supreme Court granted review to decide.
• Trial evidence showed no affirmative act by Rodriguez; the majority reversed the court of appeals and remanded for reform to a conviction for injury to a child.

Issues

Key Cases Cited

• Johnson v. State, 4 S.W.3d 254 (Tex. Crim. App. 1999) (injury to child can be underlying felony for felony murder; act requirement applies to death)
• Contreras v. State, 312 S.W.3d 566 (Tex. Crim. App. 2010) (affirms underlying injury to child as felony murder basis)
• Fuentes v. State, 991 S.W.2d 267 (Tex. Crim. App. 1999) (defining felony murder framework)
• Hooper v. State, 214 S.W.3d 9 (Tex. Crim. App. 2007) (limits on reasonable inferences; cannot speculate to infer acts from omissions)
• Bowen v. State, 374 S.W.3d 427 (Tex. Crim. App. 2012) (remedy: reform judgment to reflect underlying conviction when appropriate)
• Hill v. State, 881 S.W.2d 897 (Tex. App.—Fort Worth 1994, pet. granted) (starvation/omission context in injury to child)
• Driver v. State, 358 S.W.3d 270 (Tex. App.-Houston [1st Dist.] 2011) (possession of drugs and creating circumstance can be act/*dangerous to life")
• Villanueva v. State, 227 S.W.3d 744 (Tex. Crim. App. 2007) (double jeopardy; addresses injury to child by omissions versus acts)
• Rodriguez v. State, 408 S.W.3d 628 (Tex. App.-Austin 2013) (court of appeals’ analysis on sufficiency of evidence for act)