How cited: Trujillo v. State · Go Syfert

Trujillo v. State (2007)

green · 109 citation events across 2 courts. Showing the 50 strongest citers on record (one row per citing case, strongest signal kept).
Treatment trajectory · 2007 → 2026 · click a year to view the case as of then
200720162026
Rule Authority · Tex. App. · 6 citations in this opinion
STATE, 227 S.W.3d 164 3 (Tex.App.--Houston [1st Dist.] 2006, pet. ref'd) STATUTES Tex. Penal Code Ann. § 19.05 (a) (Vernon 2011) 2 IV. ground restated the first court of appeals erred in review of trial court's abuse of Discretion in refusing a jury charge for the lesser- included offense of criminally negligent homicide where the record shows: (a) evidence establishing the charge as a rational alternative, and (b) where the record indicates the jury asked trial court (durin…
Rule Authority · Tex. App. · 5 citations in this opinion
App. 2012); Trujillo v. State, 227 S.W.3d 164, 168 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d).
Rule Authority · Tex. App. · 3 citations in this opinion
Trujillo v. State , 227 S.W.3d 164, 168 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d).
Rule Authority · Tex. App. · 3 citations in this opinion
Trujillo v. State, 227 S.W.3d 164, 168 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d).
Rule Authority · Tex. App. · 2 citations in this opinion
App. 1992); Jackson v. State, 248 S.W.3d 369, 371 (Tex. App.—Houston [1st Dist.] 2007, pet. ref’d); Trujillo v. State, 227 S.W.3d 164, 168 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d); see also Pitonyak v. State, 253 S.W.3d 834, 846 (Tex. App.—Austin 2008, pet. ref’d) (explaining that “manslaughter and criminally negligent homicide are included within the proof necessary to establish the” greater offense of intentional or knowing murder).
Rule Authority · Tex. App. · 2 citations in this opinion
Trujillo v. State, 227 S.W.3d 164, 168 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d).
Rule Authority · Tex. App. · 2 citations in this opinion
September 16, 2015) .......................................................................................................................................5, 6 Guzman v. State, 188 S.W.3d 185, 188 (Tex.Cr.App. 2006) ....................................................8, 9 Howard v. State, 420 S.W.2d 706 (Tex.Cr.App. 1967) ................................................................. 4 Lafleur v. State, 106 S.W.3d 91, 92 (Tex.Cr.App. 2003) ................................…
green Rhoades, Dustin Ryan (2015)
Rule Authority · Tex. · 2 citations in this opinion
Id; Trujillo v. State, 227 S.W.3d 164, 169 (Tex.App.-Houston [1st Dist.] 2006, pet. ref’d).
green Rhoades, Dustin Ryan (2015)
Rule Authority · Tex. App. · 2 citations in this opinion
Id; Trujillo v. State, 227 S.W.3d 164, 169 (Tex.App.-Houston [1st Dist.] 2006, pet. ref’d).
Rule Authority · Tex. App.
App. 2021); Taylor v. State, No. 05-17-00658-CR, 2018 WL 3640467 , at *10– 11 (Tex. App.—Dallas Aug. 1, 2018, no pet.) (mem. op., not designated for publication) (evidence that defendant brandished a loaded gun and fired a “warning –12– shot” to intimidate spectators shows that she was aware that she was, at least, committing an act clearly dangerous to human life and therefore the trial court did not err by denying criminally negligent homicide instruction); Trujillo v. Sta…
Rule Authority · Tex. App.
“The key to criminal negligence is the failure of the actor to perceive the risk created by his conduct.” Trujillo v. State, 227 S.W.3d 164, 168 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d).
Rule Authority · Tex. App.
Trujillo v. State, 227 S.W.3d 164, 168 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d).
Rule Authority · Tex. App.
App. 2021) (“Evidence that a defendant knows a gun is loaded, that he is familiar with guns and their potential for injury, and that he points a gun at another indicates a person who is aware of a risk created by that conduct and disregards the risk.”); Trujillo v. State, 227 S.W.3d 164, 168 (Tex. App.—Houston [1st Dist. 2006], pet ref’d).
Rule Authority · Tex. App.
Trujillo v. State, 227 S.W.3d 164, 169 (Tex.App.—Houston [1st Dist.] 2006, pet. ref’d).
Rule Authority · Tex. App.
To be entitled to a jury instruction on criminally negligent homicide, the record must contain some evidence the actor “failed to perceive the risk created by his conduct.” Trujillo v. State, 227 S.W.3d 164, 168 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d); see Still v. State, 709 S.W.2d 658, 660 (Tex. Crim.
Rule Authority · Tex. App.
By issue five, Hernandez argues that because the evidence could support a finding that Baby Hernandez’s death resulted from Hernandez’s falling on the tile and lawn and not by any intentional or reckless act, the jury should have been instructed on voluntariness in the jury charge. “[A]n instruction on voluntariness under section 6.01(a) is necessary only if the accused admits committing the act or acts charged and seeks to absolve [her]self of criminal responsibility for en…
Rule Authority · Tex. App.
See Thomas, 699 S.W.2d at 850 ; Trujillo v. State, 227 S.W.3d 164, 168 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d) (concluding that where a defendant brandished a loaded gun to frighten off some men with whom he was in an altercation shows that the defendant either perceived or knew the risk of having a loaded gun); Wong v. State, 745 S.W.2d 563, 565 (Tex. App.—Waco 1988, no pet.) (concluding that, where the defendant testified that he picked up a knife to defend himsel…
Rule Authority · Tex. App.
Simply because appellant did not intend the result does not automatically entitle him to a charge on criminal negligence.” Trujillo v. State, 227 S.W.3d 164, 168 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d) (internal citations omitted).
green Magalde, Fernando (2015)
Rule Authority · Tex. App.
(Tex.Crim.App 1983 ) the evidence must be directly germane to his guilt ,in shortbefore 4 a charge is warranted the two prong must be satisfied ^Aid.-r.lOO-iThereLmust- FOOTNOTE 3, Hub the defendant .denieds comiissicn.offany., offense and.,therefore presents no evidence eslabishing ccnrmssion of a lesser lnclueed offense IneJ is no|tj entitled a charge on the lesser offense Bignall-v.State 887 S-W. 2d at 21,24 ( Tex.Crim-App 1994 ) -4,Magalde was not entitled to a lesser of…
Tex,App-Houst [1st Dist]2006
Rule Authority · Tex. App.
Trujillo v. State, 227 S.W.3d 164, 168 (Tex. App.--Houston [1st Dist.] 2006, pet. ref ’d).
green Kefentse Juba v. State (2013)
Rule Authority · Tex. App.
App. 1985); Trujillo v. State, 227 S.W.3d 164, 168 (Tex.App.—Houston [1st Dist.] 2006, pet. ref’d).
Rule Authority · Tex. App.
Trujillo v. State, 227 S.W.3d 164, 169 (Tex. App. (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d).
Rule Authority · Tex. App.
App. 1985); Trujillo v. State, 227 S.W.3d 164, 168 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d).
Rule Authority · Tex. App.
Trujillo v. State, 227 S.W.3d 164, 169 (Tex.App.--Houston [1st Dist.] 2006, pet. ref’d).
Rule Authority · Tex. App.
Thus, in one decision, the court of appeals held that a defendant who claimed that his firearm accidently discharged was not entitled to a jury instruction on voluntary action, reasoning that “Appellant’s testimony that he did not touch the trigger does not show that he was the passive instrument of another’s act, i.e., that, somehow, his finger had been made to exert the requisite [five-and-one-half] pounds of force to squeeze the trigger and fire the gun.” Trujillo v. Stat…
Rule Authority · Tex. App.
Furthermore, “an instruction on voluntariness under section 6.01(a) is necessary only if the accused admits committing the act or acts charged and seeks to absolve himself of criminal responsibility for engaging in the conduct.” Peavey v. State , 248 S.W.3d 455, 465 (Tex. App.—Austin 2008, pet. ref’d); Trujillo v. State , 227 S.W.3d 164, 169 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d).
Rule Authority · Tex. App.
Applicable Law As a matter of law, "[c]riminally negligent homicide is a lesser-included offense of murder." Trujillo v. State , 227 S.W.3d 164, 168 (Tex. App.-Houston [1st Dist.] 2006, pet. ref'd) (citing Saunders v. State , 840 S.W.2d 390, 391 (Tex. Crim.
Rule Authority · Tex. App.
Applicable Law As a matter of law, “[c]riminally negligent homicide is a lesser-included offense of murder.” Trujillo v. State, 227 S.W.3d 164, 168 (Tex. App.–Houston [1st Dist.] 2006, pet. ref’d) (citing Saunders v. State, 840 S.W.2d 390, 391 (Tex. Crim.
green Gokey v. State (2010)
Rule Authority · Tex. App.
Trujillo v. State, 227 S.W.3d 164, 169 (Tex.App.-Houston [1st Dist.] 2006, pet. ref'd.).
Rule Authority · Tex. App.
Trujillo v. State, 227 S.W.3d 164, 169 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d).
Rule Authority · Tex. App.
App. 2001); Trujillo v. State , 227 S.W.3d 164, 168 (Tex. App.-Houston [1st Dist.] 2006, pet. ref'd).
Rule Authority · Tex. App.
See Jackson, 248 S.W.3d at 373 ; Trujillo v. State, 227 S.W.3d 164, 168-69 (Tex. App.—Houston [1st Dist.] 2006, no pet.); Nguyen, 977 S.W.2d at 457 ; Johnson v. State, 915 S.W.2d 653, 658 (Tex. App.—Houston [14th Dist.] 1996, pet. ref’d).
Rule Authority · Tex. App.
App. 2001); Trujillo v. State, 227 S.W.3d 164, 168 (Tex. App.–Houston [1st Dist.] 2006, pet. ref’d).
Rule Authority · Tex. App.
In addition, the defense is available only “if the accused admits committing the act or acts charged and seeks to absolve [herself] of criminal responsibility for engaging in the conduct.” Peavey , 248 S.W.3d at 465 ; Trujillo v. State , 227 S.W.3d 164, 169 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d).
Rule Authority · Tex. App.
In addition, the defense is available only “if the accused admits committing the act or acts charged and seeks to absolve [herself] of criminal responsibility for engaging in the conduct.” Peavey, 248 S.W.3d at 465 ; Trujillo v. State, 227 S.W.3d 164, 169 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d).
green Ramiro Ramos v. State (2009)
Rule Authority · Tex. App.
App. 2001); Trujillo v. State, 227 S.W.3d 164, 168 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d).
Rule Authority · Tex. App.
See Holmes v. State, No. 01-06-00975- CR, 2008 Tex. App. LEXIS 2562 , at *17-18 (Tex. App.—Houston [1st Dist.] Apr. 10, 2008, pet. ref’d) (not designated for publication); Trujillo v. State, 227 S.W.3d 164, 169-70 (Tex. Hernandez v. State Page 3 App.—Houston [1st Dist.] 2006, no pet.); Mims v. State, No. 12-02-00178-CR, 2004 Tex. App. LEXIS 4019 , at *21-23 (Tex. App.—Tyler Apr. 30, 2004, pet. ref’d) (not designated for publication); see also Cavazos v. State, No. 05-05-1352…
Rule Authority · Tex. App.
App. 1986). 16 See Trujillo v. State, 227 S.W.3d 164, 168 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d) (“In fact, appellant’s testimony that he wanted the gun ‘to frighten the men off’ shows that he either disregarded the risk or knew the risk of having a loaded gun.”); Woodward v. State, 170 S.W.3d 726, 728 (Tex. App.—Waco 2005, pet. ref’d) (defendant’s testimony that he merely intended to “scare them off” did not entitle him to criminally negligent homicide instruction…
Quote Authority · Tex. App.
Trujillo v. State , 227 S.W.3d 164, 169-70 (Tex. App.--Houston [1st Dist.] 2006, pet. ref'd); see Tex. Penal Code Ann. § 6.01 (a) (Vernon 2003) ("A person commits an offense only if he voluntarily engages in conduct, including an act, an omission, or possession.").
"A person commits an offense only if he voluntarily engages in conduct, including an act, an omission, or possession."
Rule Authority · Tex. App.
Trujillo v. State , 227 S.W.3d 164, 168 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d).
Rule Authority · Tex. App.
Trujillo v. State, 227 S.W.3d 164, 169 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d); Bell v. State, 867 S.W.2d 958, 962 (Tex. App.—Waco 1994, no pet.).
green Peavey v. State (2008)
Rule Authority · Tex. App.
Trujillo v. State, 227 S.W.3d 164, 169 (Tex.App.-Houston [1st Dist.] 2006, pet. ref'd); Bell v. State, 867 S.W.2d 958, 962 (Tex.App.-Waco 1994, no pet.).
Rule Authority · Tex. App.
Trujillo v. State , 227 S.W.3d 164, 169 (Tex. App.--Houston [1st Dist.] 2006, pet. ref'd); Bell v. State , 867 S.W.2d 958, 962 (Tex. App.--Waco 1994, no pet.).
Rule Authority · Tex. App.
Trujillo v. State , 227 S.W.3d 164, 168 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d).
green Jackson v. State (2007)
Rule Authority · Tex. App.
Trujillo v. State, 227 S.W.3d 164, 168 (Tex.App.-Houston [1st Dist.] 2006, pet. ref'd).
green Rhonda Glover v. State (2007)
Rule Authority · Tex. App.
App. 1993); Trujillo v. State , 227 S.W.3d 164, 167 (Tex. App.--Houston [1st Dist.] 2006, pet. ref'd).
green Rhonda Glover v. State (2007)
Rule Authority · Tex. App.
App. 1993); Trujillo v. State, 227 S.W.3d 164, 167 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d).
Cited · Tex. App. · signal: see · 2 citations in this opinion
App. 1986). 16: See Trujillo v. State , 227 S.W.3d 164, 168 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d) (“In fact, appellant’s testimony that he wanted the gun ‘to frighten the men off’ shows that he either disregarded the risk or knew the risk of having a loaded gun.”); Woodward v. State , 170 S.W.3d 726, 728 (Tex. App.—Waco 2005, pet. ref’d) (defendant’s testimony that he merely intended to “scare them off” did not entitle him to criminally negligent homicide instruct…
Cited · Tex. App. · signal: see
See Trujillo v. State, 227 S.W.3d 164, 169-70 (Tex.App.--Houston [1st Dist.] 2006, pet. ref’d) (where defendant denied at trial that he committed the act of pulling the trigger of gun that killed his victim, he was not entitled to an instruction on involuntary conduct).
Cited · Tex. App. · signal: see
See Trujillo v. State, 227 S.W.3d 164, 168 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d). (3) Admission of Green’s Prior Deadly Conduct Was Harmless Before the testimony of Rodney Kirkland during the punishment phase of the trial, Green’s counsel urged the trial court to exclude testimony about “an extraneous offense of deadly conduct” on the grounds that he was not given adequate notice of the offense.