Simms v. Texas (original by judge slaughter)
Annotate this CaseAppellant Christopher Simms was convicted of aggravated assault for causing a fatal head-on car accident. At trial, Appellant acknowledged that he was speeding immediately before the accident, but testified that he dozed off or passed out, which then caused him to veer into oncoming traffic and resulted in the collision. Despite this testimony, the trial court refused Appellant’s request for a lesser-included-offense instruction on deadly conduct. Appellant contended such refusal violated his right to have a valid lesser-included offense submitted to the jury for consideration. The Texas Court of Criminal Appeals agreed, because there was some evidence that would have allowed the jury to rationally conclude that the cause of the accident and the injury to the victim was Appellant’s involuntary loss of consciousness, rather than Appellant’s reckless speeding. Therefore, the Court reversed the judgment of the court of appeals which upheld the trial court’s ruling denying Appellant’s requested instruction, and remanded the case for a harm analysis.
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