Court of Criminal Appeals of Texas

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

January 28, 20152015 Tex. Crim. App. LEXIS 39

Summary

The Court affirmed the Court of Appeals' judgment that the jury's rejection of the safe‑release defense was legally and factually sufficient under Tex. Penal Code §20.04(d). It held that the term “safe place” is ambiguous and must be decided case‑by‑case, and that the appellate court correctly applied the legal‑ and factual‑sufficiency standards. The opinion includes a dissent urging reversal and a concurrence supporting the majority.