Court of Criminal Appeals of Texas

Sheldon Roberts, Appellant v. the State of Texas

December 17, 20082008 Tex. Crim. App. LEXIS 1570

Summary

The Court reversed the capital murder conviction for the death of the pregnant woman and her unborn child, holding that specific intent to kill the embryo was required and lacking, and reformulated the judgment to a simple murder conviction for Virginia Ramirez, remanding for sentencing. The decision also affirmed that the evidence was legally sufficient to support the murder conviction. Separate dissenting and concurring opinions argued over the proper application of transferred intent and the weight of stare decisis.