Fleming, Mark Alexander ( 2014 )

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).