MARK ALEXANDER FLEMING, Appellant v. THE STATE OF TEXAS (Concurring)

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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1250-12 MARK ALEXANDER FLEMING, Appellant v. THE STATE OF TEXAS ON APPELLANT S PETITION FOR DISCRETIONARY REVIEW FROM THE SECOND COURT OF APPEALS DENTON COUNTY C OCHRAN, J., filed a concurring opinion. For the reasons set out in my concurring opinions in Celis v. State 1 and Farmer v. State,2 I believe that the Texas statutory mistake-of-fact defense already applies to the offense of consensual statutory rape. Nonetheless, I recognize that this is not the current state of the law in Texas, and therefore I reluctantly join the majority opinion. Filed: June 18, 2014 Publish 1 416 S.W.3d 419, 441-58 (Tex. Crim. App. 2013) (Cochran, J., concurring). 2 411 S.W.3d 901, 908-18 (Tex. Crim. App. 2013) (Cochran, J., concurring).

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