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 held that third-degree-felony family-violence assault by strangulation is a result-of-conduct offense only, so the trial court did not err by limiting the culpable‑mental‑state instruction to the result of conduct; the judgment of the Court of Appeals was affirmed. Justice Meyers dissented, arguing the strangulation element is the gravamen and requires a nature‑of‑conduct instruction, while Justice Yeary concurred in the judgment but expressed uncertainty about the classification.