Gerardo Flores, Appellant v. the State of Texas

Summary

The Texas Court of Criminal Appeals affirmed the conviction of Gerardo Flores for capital murder, holding that the statute criminalizing the killing of an unborn child is constitutional under due process, equal protection, and the Establishment Clause, and that Flores was not entitled to a lesser‑included offense instruction on deadly conduct. The Court rejected Flores's constitutional challenges and the trial court's refusal to give the instruction. Justice Cochran filed a concurring opinion noting that Flores failed to preserve his as‑applied challenges, but concurred in the judgment.