Charles E. Butcher, Ii, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals affirmed the conviction for aggravated kidnapping, but the primary opinion is a dissent arguing that the appellate court misapplied the factual‑sufficiency standard for the safe‑release affirmative defense. The dissent contends that the term “safe place” is undefined, requires consideration of legislative history, and that the lower court failed to address the legislature’s intent. It would reverse the judgment and remand for a proper review. Separate dissenting and concurring opinions further debate the nature of the safe‑release provision and the appropriate analytical framework.