Rodriguez v. State
538 S.W.3d 623
| Tex. Crim. App. | 2018Background
- Robert Rodriguez and his brother assaulted Francisco Plaud‑Acosta in a nightclub parking lot; the victim suffered severe knee damage requiring surgery and likely permanent impairment.
- Rodriguez was charged with aggravated robbery and aggravated assault; jury acquitted on robbery but convicted of aggravated assault and sentenced to 12 years and a $10,000 fine.
- At trial both sides presented expert testimony suggesting the extent of injury was unusual and possibly unforeseeable from a bar fight.
- The jury was instructed on transferred intent (Penal Code §6.04(b)(1)), i.e., liability for serious bodily injury can be based on intent to cause bodily injury generally; Rodriguez objected and requested a mistake‑of‑fact instruction under §8.02, which the trial court denied.
- The Fourth Court of Appeals reversed, holding that giving a transferred‑intent instruction entitles the defendant to a mistake‑of‑fact instruction; the State petitioned for discretionary review.
- The Court of Criminal Appeals considered whether aggravated assault requires a culpable mental state as to the aggravating element (serious bodily injury) and whether a reasonable mistaken belief about injury severity negates an elemental mens rea.
Issues
| Issue | Plaintiff's Argument (Rodriguez) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether a transferred‑intent instruction requires giving a mistake‑of‑fact instruction | Rodriguez argued that because transferred intent was given, a reasonable mistake about injury severity should reduce culpability to misdemeanor assault under §8.02 | The State argued that aggravated assault does not require a separate mens rea for serious bodily injury, so mistake about severity does not negate any elemental culpability | Held: No. Transferred‑intent here added nothing beyond §22.02; mistake of fact not required because aggravated assault requires mens rea only as to underlying assault, not the serious injury element. |
| Whether aggravated assault requires proof of a culpable mental state as to "serious bodily injury" | Rodriguez: mistake about severity can negate intent to cause serious bodily injury | State: Legislature omitted mens rea for serious injury; mens rea applies only to assault element | Held: Aggravated assault requires mens rea as to the underlying assault (causing bodily injury) but not as to the aggravating element of serious bodily injury. |
| Whether Thompson and Louis mandate automatic mistake‑of‑fact instructions when transferred intent is given | Rodriguez relied on Thompson and Louis to claim entitlement to such an instruction | State contended Thompson/Louis were misread or inapplicable where statute itself supplies the result | Held: Thompson/Louis do not apply here; their reach was overstated by court of appeals because §6.04(b)(1) was not truly implicated. |
| Whether a reasonable belief that only simple bodily injury would result negates culpability for aggravated assault | Rodriguez: such a belief negates intent to cause serious bodily injury and warrants instruction | State: such belief does not negate the mens rea required for aggravated assault because no separate mens rea exists for serious injury | Held: A reasonable mistake about severity does not negate any elemental mens rea under §22.02, so no mistake‑of‑fact instruction is required. |
Key Cases Cited
- Thompson v. State, 236 S.W.3d 787 (Tex. Crim. App. 2007) (discussed scope of Penal Code §6.04(b)(1) and suggested mistake‑of‑fact may be available when intent is transferred)
- Louis v. State, 393 S.W.3d 246 (Tex. Crim. App. 2012) (applied Thompson and stated defendant was entitled to mistake‑of‑fact instruction when subjected to transferred‑intent instruction)
- Celis v. State, 416 S.W.3d 419 (Tex. Crim. App. 2013) (plurality) (held mistake‑of‑fact instruction warranted only when the mistake negates an elemental culpable mental state)
- Landrian v. State, 268 S.W.3d 532 (Tex. Crim. App. 2008) (explained gravamen of aggravated assault is the assault (causing bodily injury) and mens rea attaches to that act)
- White v. State, 509 S.W.3d 307 (Tex. Crim. App. 2017) (interpreted legislative silence on mens rea for particular elements as evidence the Legislature did not intend separate culpability)