Lawson v. State

• Decision Date: 26 January 2000
• Citation: 10 S.W.3d 333
• Parties: (Tex.Crim.App. 2000) SCOTT MATTISON LAWSON, Appellant v. THE STATE OF TEXAS NO. 1781-99
• Court: Texas Court of Criminal Appeals

Page 333

10 S.W.3d 333 (Tex.Crim.App. 2000)

SCOTT MATTISON LAWSON, Appellant v. THE STATE OF TEXAS

NO. 1781-99

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

January 26, 2000

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW FROM THE SEVENTH COURT OF APPEALS DEAF SMITH COUNTY

O P I N I O N

The opinion of the Court was delivered PER CURIAM.

Appellant was indicted for felony murder under TEX. PENAL CODE 19.02(b)(3) with the underlying felony alleged to be aggravated assault. The trial court denied Appellant's instructed verdict on grounds that he could not be charged with murder under the facts alleged. The Court of Appeals affirmed, noting that its decision might be in conflict with Garrett v. State, 573 S.W.2d 543 (Tex. Crim. App. 1978). Lawson v. State, 999 S.W.2d 912, 913 (Tex. App.-Amarillo 1999).

Appellant has filed a petition for discretionary review contending, among other things, that the Court of Appeals' holding conflicts with Garrett v. State, 573 S.W.2d 543 (Tex. Crim. App. 1978). When it handed down its opinion in this case the Court of Appeals did not have the benefit of Johnson v. State, 4 S.W.3rd 254 (Tex. Crim. App. Oct. 27, 1999). We grant ground one of Appellant's petition for discretionary review and remand this case to the Court of Appeals for reconsideration in light of Johnson.

Per Curiam