Lawrence, Terence Chadwick ( 2007 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. PD-0236-07

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TERENCE CHADWICK LAWRENCE, Appellant

v.

THE STATE OF TEXAS

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ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW FROM THE FIFTH COURT OF APPEALS DALLAS COUNTY

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   Cochran, J., filed a concurring opinion in which Holcomb, J., joined.

O P I N I O N

I join the majority opinion. I add these comments only to emphasize that this is a case in which the State was required to prove that appellant specifically intended to kill both Antwonyia Smith and her four-to-six-week-old embryo.

The indictment in this case alleged that appellant did

unlawfully then and there intentionally and knowingly cause the death of an individual, to-wit: Antwonyia Smith, by shooting [Smith] with a firearm, a deadly weapon, and during the same criminal transaction [appellant] did then and there intentionally and knowingly cause the death of another individual, to-wit: an unborn child of [Smith], by shooting [Smith], while said unborn child was in gestation of said [Smith].

(emphasis added). Because the State offered sufficient evidence to prove, beyond a reasonable doubt, that appellant both 1) knew that Antwonyia was carrying an unborn child and 2) intended to kill that unborn child, the Court properly rejects appellant's "void for vagueness" and "due process" claims.

Filed: November 21, 2007

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