Mark Wayne Lomax, Appellant v. the State of Texas

Summary

The Court affirmed that Section 19.02(b)(3) plainly dispenses with a culpable mental state, allowing felony driving while intoxicated to serve as the underlying felony in a felony‑murder prosecution, and held that felony DWI is not a lesser‑included offense of intoxication manslaughter. Justice Johnson dissented, arguing that the special intoxication‑manslaughter statute should preclude felony‑murder charges based on felony DWI.