ROBERT HUFFMAN v. THE STATE OF TEXAS (concurring)

IN THE COURT OF CRIMINAL APPEALS 
OF TEXAS 

NO. PD-1539-07
ROBERT HUFFMAN, Appellant
v. 
THE STATE OF TEXAS 

ON APPELLANT'S AND STATE'S PETITIONS

FOR DISCRETIONARY REVIEW

FROM THE FOURTH COURT OF APPEALS

BEXAR COUNTY

Johnson, J., filed a concurring opinion.
O P I N I O N

The offense of failure to stop and render aid is defined in Tex. Transp. Code 550.021(c). By its terms, the statute requires that the operator of a vehicle that has been involved in an accident to do at least two of the three listed acts: stay (Tex. Transp. Code 550.021(a)(1)) and remain (Tex. Transp. Code 550.021(a)(3)), or return (Tex. Transp. Code 550.021(a)(2)) and remain (Tex. Transp. Code 550.021(a)(3)). Therefore, leaving the scene is only part of the gravamen of the offense; the operator must also remain at the scene.

"Remain" requires more than merely being present at the scene; the operator must be present at the scene until the operator has complied with the mandates of Tex. Transp. Code 550.023, including providing name, address, and insurance information, and providing assistance to injured persons. An operator could stop at or return to the scene, yet still commit an offense under 550.021 if, while staying at the scene, the operator refused to reveal the required information or made no effort to assist any injured party or obtain medical assistance for such a person.

With these comments, I join Judge Cochran's concurring opinion and concur in the opinion of the Court.

Filed: October 1, 2008

Publish