Court of Criminal Appeals of Texas

Eric Ray Price, Jr., Appellant v. the State of Texas

April 15, 20152015 Tex. Crim. App. LEXIS 389

Summary

The Court affirmed the Court of Appeals, holding that third-degree felony family‑violence assault by strangulation is a result‑of‑conduct offense only and that the trial court did not err by omitting a nature‑of‑conduct instruction. Justice Meyers dissented, arguing the strangulation element is the gravamen, while Justice Yeary concurred, agreeing with the judgment but expressing uncertainty about the statutory classification.