Not sure if this discussion has been posted. I have had two attorneys filing Motions to Quash our Assault's Info based on not alleging Reckless acts and what they are basing this on is State v. Rodriguez, 339 SW3d 680. Case just came out this year.

I have our standard answer for the Motions to Quash that we have used in the past, but I'm wondering if anyone out there has had attorneys using this newest case?

I dont agree with them, and think that this case doesnt apply to Assaults. But, am I wrong? Any help would be greatly appreciated.

Thanks!

I don't know how you allege your assaults, but Rodriguez is, of course, addressing firearms and speaks directly to acts of recklessness in that context.

thanks, thats exactly my argument. just making sure im not missing something.