Legal Research Brief

In: Other Topics

Submitted By tiffanydupree3
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Q10. Texas Judicial Opinion
Case name: Thompson v. State, January 24, 2014

Case number: 04-12-00557-CR

Facts:
Lorenzo Thompson was charged with Capital Murder after attempting to commit robbery at a gas station in San Antonio, Texas on April 12, 2010. Thompson purposely caused the death of Vanessa Pitts by driving erratically to cause Pitts to be thrown from the truck he was driving. Thompson stole Pitt’s purse from her car while she was fueling up and she chased after him attempting to retrieve her purse. During the pursuit, Pitts jumped onto Thompson’s running boards on his truck while Thompson began to swerve in and out of traffic and eventually threw Pitt’s off of his truck. Thompson never stopped after Pitt’s was flung from his truck and Pitt’s died from injuries from being thrown from the truck.

Issues of Law: 1. Is there enough evidence to prove that Thompson should be charged with Capital Murder? 2. Should Thompson be charged with a lesser charge such as Manslaughter or criminally negligent homicide instead Capital Murder?

Statute:
According to Tex. Pen. Code Ann. § 19.03 (Vernon) in the State of Texas, an individual can be charged with Capital Murder if “(2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat under Section 22.07(a)(1), (3), (4), (5), or (6);” Tex. Pen. Code Ann. § 19.03 (Vernon)

Adjudicated 1. Trial court erred Plaintiff’s request for a lesser charge and was found guilty of capital murder.
.
Thompson v. State, 04-12-00557-CR, 2014 WL 300955 (Tex. App.—San Antonio Jan. 29, 2014, no. pet.…...

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