Ramos v. Texas (Original)
Annotate this CaseAppellant was indicted on counts of capital murder, felony murder, and of injury to a child following the death of Danielle Ramos, a child under six years old. The indictment and jury charge alleged that Appellant killed Danielle in one of three ways: by shaking, by shaking and causing Danielle's head to strike an object, or by shaking and striking Danielle's head with an object. The jury convicted Appellant of the lesser-included offense of manslaughter and sentenced him to ten years in prison. Appellant appealed, arguing the evidence was legally insufficient to support the jury's determination: that he acted 'recklessly;' or that 'shaking' caused Danielle's death. The appellate court affirmed, finding Appellant's statement that he threw Danielle into her crib out of frustration, and that the nature of the child's injuries also provided bases for the jury to consider. Since Appellant's petition for discretionary review was granted, the Supreme Court issued "Johnson v. State" and addressed a nearly identical issue. In light of "Johnson", the Court held that the variance between pleading and proof was immaterial in this case and affirmed the decision of the court of appeals.
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