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This appeal concerns convictions for injury to an elderly individual and injury to a disabled individual. See Tex. Penal Code Ann. � 22.04(a), (c)(2)-(3) (Vernon 2003). Appellant contends that there is no evidence that he knew that the victim was elderly or disabled. Section 22.04 does not require a culpable mental state as to the victim�s special status. Black v. State, 26 S.W.3d 895, 898 (Tex. Crim. App. 2000); Zubia v. State, 998
S.W.2d 226, 227 (Tex. Crim. App. 1999) (per curiam). We overrule Appellant�s issue. We affirm the judgment.
TOM GRAY
Chief Justice
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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Former Justice Farris of the 2nd COA used to write some very terse opinions both as a sitting judge and a visiting judge.
 
Posts: 532 | Location: McKinney, Tx | Registered: June 22, 2001Reply With QuoteReport This Post
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The real issue in these cases is whether appellate counsel violated Tex.Discip.R.Prof. Cond. 3.01 by asserting an issue without a reasonable belief that there was a basis for doing so that was not frivolous. See also Rule 3.02 and 3.03(a)(4).
 
Posts: 2386 | Registered: February 07, 2001Reply With QuoteReport This Post
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