White v. State, 208 S.W.3d 467 (Tex. Crim. App. 2006). · Go Syfert
White v. State, 208 S.W.3d 467 (Tex. Crim. App. 2006). Cases Citing This Book View Copy Cite
“we further decide that dispensing with jury unanimity on the felonies alleged in this case does not violate due process because these felonies are 'basically morally and conceptually equivalent.”
111 citation events (111 in the last 25 years) across 6 distinct courts.
Strongest positive: O'Brien v. State (texcrimapp, 2018-05-02)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 46 distinct citers.
examined Cited as authority (verbatim quote) O'Brien v. State (3×) also: Cited "see, e.g."
Tex. Crim. App. · 2018 · quote attribution · 2 verbatim quotes · confidence high
we further decide that dispensing with jury unanimity on the felonies alleged in this case does not violate due process because these felonies are 'basically morally and conceptually equivalent.
examined Cited as authority (verbatim quote) Valdez v. State (4×) also: Cited as authority (quoted), Cited as authority (rule), Cited "see"
Tex. Crim. App. · 2007 · signal: compare · quote attribution · 2 verbatim quotes · confidence high
felony-murder" statute requires jury unanimity that the defendant committed a "felony" and "not one specific felony out of a combination of felonies
discussed Cited as authority (rule) Shanay Annette Franklin v. the State of Texas
txctapp2 · 2026 · confidence medium
White v. State, 208 S.W.3d 467, 469 (Tex. Crim.
discussed Cited as authority (rule) State v. Hartson
N.D. · 2024 · confidence medium
However, “The majority of courts that have 8 considered the issue have not required the jury to unanimously agree on the predicate felony in cases in which the state has presented evidence of alternate predicate felony offenses to support a single charge of felony murder.” Lawson v. State, 264 P.3d 590, 595 (Alaska Ct. App. 2011); White v. State, 208 S.W.3d 467, 468-69 (Tex. Crim.
discussed Cited as authority (rule) Otoniel Guzman v. State
Tex. App. · 2019 · signal: cf. · confidence medium
See Casey v. State, 349 S.W.3d 825 , 829–30 (Tex. App.—El Paso 2011, pet. ref’d); see, e.g., McMillian, 388 S.W.3d at 872–73; Jacobsen, 325 S.W.3d at 739 ; cf. White v. State, 208 S.W.3d 467, 469 (Tex. Crim.
cited Cited as authority (rule) Phillip Jay Walter, Jr. v. State
Tex. App. · 2019 · confidence medium
White v. State, 208 S.W.3d 467, 469 (Tex. Crim.
cited Cited as authority (rule) Violet Maree Walter v. State
Tex. App. · 2019 · confidence medium
White v. State, 208 S.W.3d 467, 469 (Tex. Crim.
cited Cited as authority (rule) Benito Garza v. State
Tex. App. · 2015 · confidence medium
White v. State, 208 S.W.3d 467, 469 (Tex. Crim.
discussed Cited as authority (rule) Willie Henry Jr. v. State
Tex. App. · 2013 · confidence medium
Casey v. State, 349 S.W.3d 825, 829 (Tex.App.--El Paso 2011, pet. ref’d), citing White v. State, 208 S.W.3d 467, 469 (Tex.Crim.App. 2006) and Jefferson, 189 S.W.3d at 313-14 . 4 In its entirety, Section 21.02(b) reads: A person commits an offense if: (1) during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and (2) at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is a child younger …
cited Cited as authority (rule) Bruce Alan McMillian v. State
Tex. App. · 2012 · confidence medium
Schad v. Arizona, 501 U.S. 624, 644 , 111 S.Ct. 2491 , 115 L.Ed.2d 555 (1991); White v. State, 208 S.W.3d 467, 469 (Tex.Crim.App.2006); Casey, 349 S.W.3d at 829 .
cited Cited as authority (rule) Casey v. State
Tex. App. · 2011 · confidence medium
White v. State, 208 S.W.3d 467, 469 (Tex.Crim.App.2006); Jefferson, 189 S.W.3d at 313-14 .
cited Cited as authority (rule) William Sammy Casey, Jr. v. State
Tex. App. · 2011 · confidence medium
White v. State, 208 S.W.3d 467, 469 (Tex.Crim.App. 2006); Jefferson, 189 S.W.3d at 313-14.
cited Cited as authority (rule) William Sammy Casey, Jr. v. State
Tex. App. · 2011 · confidence medium
White v. State , 208 S.W.3d 467, 469 (Tex.Crim.App. 2006); Jefferson , 189 S.W.3d at 313-14.
discussed Cited as authority (rule) Magana v. State
Tex. App. · 2011 · confidence medium
If an indictment alleges multiple felonies as alternative bases for felony murder liability, the "felonies are not elements about which a jury must be unanimous" because "[t]hese felonies constitute the manner or means that make up the `felony' element." White v. State, 208 S.W.3d 467, 469 (Tex.Crim.App.2006); see also Cameron v. State, 988 S.W.2d 835, 849-50 (Tex.App.-San Antonio 1999, pet. ref'd).
discussed Cited as authority (rule) Joel Magana v. State
Tex. App. · 2011 · confidence medium
If an indictment alleges multiple felonies as alternative bases for felony murder liability, the “felonies are not elements about which a jury must be unanimous” because “[t]hese felonies constitute the manner or means that make up the ‘felony’ element.” White v. State, 208 S.W.3d 467, 469 (Tex.Crim.App.2006); see also Cameron v. State, 988 S.W.2d 835, 849-50 (Tex.App.-San Antonio 1999, pet. ref'd).
cited Cited as authority (rule) Ratliff v. State
Tex. App. · 2010 · confidence medium
White v. State, 208 S.W.3d 467, 469 (Tex.Crim.App.2006).
cited Cited as authority (rule) David Clayton Ratliff A/K/A Clayton David Singleton A/K/A David Clay Ratliff v. State
Tex. App. · 2010 · confidence medium
White v. State, 208 S.W.3d 467, 469 (Tex. Crim.
discussed Cited as authority (rule) Jacobsen v. State
Tex. App. · 2010 · confidence medium
All are morally equivalent, and they are largely similar conceptually. 3 See Schad, 501 U.S. at 637 , 111 S.Ct. 2491 ; White v. State, 208 S.W.3d 467, 469 (Tex.Crim.App.2006); Jefferson, 189 S.W.3d at 313 .
cited Cited as authority (rule) Lorena Candice Brooks v. State
Tex. App. · 2010 · confidence medium
All are morally equivalent, and they are largely similar conceptually.3 See Schad, 501 U.S. at 637 ; White v. State, 208 S.W.3d 467, 469 (Tex. Crim.
cited Cited as authority (rule) William Thomas Jacobsen v. State
Tex. App. · 2010 · confidence medium
All are morally equivalent, and they are largely similar conceptually. (3) See Schad , 501 U.S. at 637 ; White v. State , 208 S.W.3d 467, 469 (Tex. Crim.
cited Cited as authority (rule) Kolade Afolabi Adeyanju v. State
Tex. App. · 2009 · confidence medium
White v. State , 208 S.W.3d 467, 469 (Tex. Crim.
discussed Cited as authority (rule) Saul Contreras v. State (2×) also: Cited "see"
Tex. App. · 2009 · confidence medium
White, 208 S.W.3d 467, 468 (b) An omission that causes a condition described by Subsection (a)(1) through (a)(3) is conduct constituting an offense under this section if: (1) the actor has a legal or statutory duty to act; or (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual.
discussed Cited as authority (rule) Saul Contreras v. State (2×) also: Cited "see"
Tex. App. · 2009 · confidence medium
White , 208 S.W.3d 467, 468 (Tex.Crim.App. 2006).
cited Cited as authority (rule) Jammie Leon Hines v. State
Tex. App. · 2008 · confidence medium
White v. State , 208 S.W.3d 467, 469 (Tex. Crim.
cited Cited as authority (rule) Hines v. State
Tex. App. · 2008 · confidence medium
White v. State, 208 S.W.3d 467, 469 (Tex.Crim.App.2005).
cited Cited as authority (rule) Jammie Leon Hines v. State
Tex. App. · 2008 · confidence medium
White v. State, 208 S.W.3d 467, 469 (Tex. Crim.
cited Cited "see" Julian Andrew Martinez v. State
Tex. App. · 2018 · signal: see · confidence high
See White, 208 S.W.3d at 469 ; Contreras, 312 S.W.3d at 584.
discussed Cited "see" George Munoz Jr. v. State (2×) also: Cited "see, e.g."
Tex. App. · 2017 · signal: see · confidence high
See White, 208 S.W.3d at 468-69 .
cited Cited "see" Kelvin Lynn O'Brien v. State
Tex. App. · 2015 · signal: see · confidence high
See White, 208 S.W.3d at 468 .
cited Cited "see" Garza, Benito
Tex. · 2015 · signal: see · confidence high
See White, 208 S.W.3d at 469 ; Contreras, 312 S.W.3d at 584.
cited Cited "see" Benito Garza v. State
Tex. App. · 2015 · signal: see · confidence high
See White, 208 S.W.3d at 469 ; Contreras, 312 S.W.3d at 584 .
cited Cited "see" Irvin Joseph Williams v. State
Tex. App. · 2013 · signal: see · confidence high
PENAL CODE ANN. § 19.02(b)(3) (Vernon 2011); see White v. State, 208 S.W.3d 467, 467 (Tex. Crim.
cited Cited "see" Brandon Caines v. State
Tex. App. · 2013 · signal: see · confidence high
Tex. Penal Code Ann. § 19.02 (b)(3) (West 2012); see White v. State, 208 S.W.3d 467, 467 (Tex. Crim.
examined Cited "see" Carey Lamar Morrison v. State (3×)
Tex. App. · 2012 · signal: see · confidence high
See White v. State, 208 S.W.3d 467 , 468–69 (Tex. Crim.
examined Cited "see" Carey Lamar Morrison v. State (3×)
Tex. App. · 2012 · signal: see · confidence high
See White v. State , 208 S.W.3d 467 , 468–69 (Tex. Crim.
cited Cited "see" State v. Ty Kelly Gardner
Tex. App. · 2010 · signal: see · confidence high
See White v. State, 208 S.W.3d 467, 468 (Tex. Crim.
cited Cited "see" State v. Ty Kelly Gardner
Tex. App. · 2010 · signal: see · confidence high
See White v. State, 208 S.W.3d 467, 468 (Tex. Crim.
cited Cited "see" State v. Ty Kelly Gardner
Tex. App. · 2010 · signal: see · confidence high
See White v. State , 208 S.W.3d 467, 468 (Tex. Crim.
cited Cited "see" Contreras v. State
Tex. Crim. App. · 2010 · signal: see · confidence high
See id., § 22.04(a)(3), (c)(1). . 208 S.W.3d 467 (Tex.Crim.App.2006). .
cited Cited "see" Contreras, Saul
Tex. Crim. App. · 2010 · signal: see · confidence high
See id. , §22.04(a)(3), (c)(1). 63. 208 S.W.3d 467 (Tex. Crim.
cited Cited "see" Davis v. State
Tex. App. · 2008 · signal: see · confidence high
See White v. State, 208 S.W.3d 467 , *712 467-68 (Tex.Crim.App.2006); Gray v. State, 980 S.W.2d 772, 774-75 (Tex.App.-Fort Worth 1998, no pet.).
cited Cited "see" James Anthony Davis v. State
Tex. App. · 2008 · signal: see · confidence high
See White v. State, 208 S.W.3d 467 , 467–68 (Tex. Crim. 53 App. 2006 ); Gray v. State, 980 S.W.2d 772 , 774–75 (Tex. App.—Fort Worth 1998, no pet.).
cited Cited "see" James Anthony Davis v. State
Tex. App. · 2008 · signal: see · confidence high
See White v. State , 208 S.W.3d 467 , 467–68 (Tex. Crim.
discussed Cited "see, e.g." Brian Tatum v. the State of Texas
Tex. App. · 2024 · signal: see, e.g. · confidence low
See, e.g., White v. State, 208 S.W.3d 467 , 467–68 (Tex. Crim.
discussed Cited "see, e.g." in the Matter of R.C.
Tex. App. · 2021 · signal: see also · confidence low
See Boudreaux v. State, No. 14-18-00891-CR, 2020 WL 2214447 , at *4-5 (Tex. App.—Houston [14th Dist.] May 7, 2020, pet. ref’d); In re E.B.M., No. 2-04-201-CV, 2005 WL 2100481 , at *1 (Tex. App.—Fort Worth Aug. 31, 2005, no pet.) (mem. op.); Jimenez v. State, 67 S.W.3d 493, 498, 508 (Tex. App.—Corpus Christi 2002, pet. ref’d); see also White v. State, No. 05-04-01248- CR, 2005 WL 2625481 , at *1-2 (Tex. App.—Dallas Oct. 17, 2005) (not designated for publication), aff’d, 208 S.W.3d 467 (Tex. Crim.
discussed Cited "see, e.g." Bradford v. State
Tex. App. · 2007 · signal: see also · confidence medium
See also White v. State, 208 S.W.3d 467, 469 (Tex.Crim.App.2006) (holding that unanimity was not required on which felony the defendant committed in a felony-murder charge because the specific felonies are not elements of the crime); Martinez v. State, 129 S.W.3d 101, 103 (Tex.Crim.App.2004) (holding that unanimity was not required on alternative theories of capital murder, committed either in the course of committing robbery or aggravated sexual assault); Francis v. State, 36 S.W.3d 121, 124-25 (Tex.Crim.App.2000) (holding that unanimity was required when two separate offenses were submitted …
Clinton Bradley WHITE, Appellant
v.
the STATE of Texas
PD-1787-05.
Court of Criminal Appeals of Texas.
Dec 6, 2006.
208 S.W.3d 467
Clement Dunn, Longview, for Appellant., Karen R. Wise, Assistant District Attorney, Dallas, Matthew Paul, State’s Attorney, Austin, for State.
Hervey, Keller, Meyers, Price, Keasler, Holcomb, Cochran, Womack, Johnson.
Cited by 53 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 85%
Citer courts: Court of Criminal Appeals of T… (1)

OPINION

HERVEY, J.,

delivered the opinion of the Court

in which KELLER, P.J., MEYERS, PRICE, KEASLER, HOLCOMB and COCHRAN, JJ., joined.

This is a jury-unanimity case. A jury convicted appellant of felony murder under Section 19.02(b)(3), Tex. Pen.Code, which states:

A person commits an offense if he commits or attempts to commit a felony, other than manslaughter, and in the corn’s e of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

The evidence shows that appellant, driving a stolen car during a high-speed chase with the police, collided with another car, killing its driver. The indictment alleged in one paragraph that appellant caused the victim’s death during the commission of the state-jail felony of unauthorized use of a vehicle, and, in another paragraph, it alleged that appellant caused the victim’s death during the commission of the state-[*468] jail felony of evading arrest or detention in a vehicle. [1] The jury charge authorized the jury to convict appellant if it unanimously found that he caused the victim’s death during the commission of either one of these two felonies without having to unanimously find which felony appellant was committing. [2]

Appellant claimed for the first time on direct appeal that this violated his right to a unanimous jury verdict. The Court of Appeals rejected this claim because the two felonies alleged in the indictment were the “manner and means of committing felony murder.” See White v. State, No. 05-04-01248-CR, slip op. at 3-4, 2005 WL 2625481 (Tex.App.-Dallas, delivered October 17, 2005) (not designated for publication). We granted review of the following grounds:

1. The Court of Appeals’ decision that the right to a unanimous verdict does not require a jury to be unanimous as to the predicate felony in order to convict a defendant under Section 19.02(b)(8), Texas Penal Code, represents an important question of state and federal law on which the Court of Appeals’ decision conflict [sic] with the applicable decisions of the Court of Criminal Appeals and United States Supreme Court.
2. The Court of Appeals has decided an important question of state and federal law that has not been, but should be, settled by the Court of Criminal Appeals, to wit: whether the requirement of a unanimous jury verdict includes a requirement of unanimity on what predicate felony the defendant committed in order to be convicted pursuant to Section 19.02(b)(3), Texas Penal Code.

The term “felony” is clearly an element of Section 19.02(b)(3), thus requiring a jury to unanimously find that the defendant committed a “felony.” See Richardson v. United States, 526 U.S. 813, 817-19, 119 S.Ct. 1707, 143 L.Ed.2d 985 (1999) (courts must examine language of statute to determine whether particular term in statute is an element, which requires juror unanimity, or an underlying brute fact or means of committing an element which does not require juror unanimity); Jefferson v. State, 189 S.W.3d 305, 312 (Tex.Cr.App.2006), cert. denied, 549 U.S. —, 127 S.Ct. 386 (U.S., 2006) (06-5602). And, in cases like this, where some of the jurors might believe that the defendant committed felony A and the rest of the jurors might believe that he committed felony B, the jury has unanimously found that the defendant committed a “felony.” Compare Richardson, 526 U.S. at 817, 119 S.Ct. 1707 (where element of robbery is threat of force and jurors disagree on whether defendant used a knife or a gun to threaten force, this disagreement about means “would not matter so long as all 12 jurors unanimously concluded that the [prosecution] had proved the necessary related element, namely, that the defendant had threatened force”). In addition, the transitive verb of the portion of Section 19.02(b)(3) at issue here is “commits” followed by the term “felony.” This indicates that the prohibited conduct about which a jury must be unanimous is that the defendant commit a “felony,” and not one specific felony out of a combination of felonies. See Jefferson, 189 S.W.3d at 314 (Cochran, J., concurring).

[*469] We, therefore, decide that, when an indictment alleges multiple felonies in a prosecution under Section 19.02(b)(8), these specifically named felonies are not elements about which a jury must be unanimous. These felonies constitute the manner or means that make up the “felony” element of Section 19.02(b)(3). See Jefferson, 189 S.W.3d at 312. We further decide that dispensing with jury unanimity on the felonies alleged in this case does not violate due process because these felonies are “basically morally and conceptually equivalent.” See Jefferson, 189 S.W.3d at 313-14.

The judgment of the Court of Appeals is affirmed.

WOMACK and JOHNSON, JJ„ concurred.
1

. See Section 31.07, Tex. Pen.Code, (unauthorized use of a vehicle); Section 38.04(b)(1), Tex. Pen.Code, (evading arrest or detention in a vehicle); Section 12.04(a)(5), Tex. Pen.Code, (classifying state-jail felony as a felony).

2

. The jury charge, therefore, authorized the jury to convict appellant if it unanimously found that he caused the victim’s death during the commission of a "felony."